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Citizens for Responsibility and Ethics in Washington v. United States


Department of J ustice, Civil Action No. 12-01491 (JDB) (D.D.C)
Criminal Divisions June 30, 2014 Vaughn Index
Acronyms/Abbreviations Used in this Index:
WIF=Withheld in Full
RIP=Released in Part

LTR=Letter
TC=Telephone Call
DOJ=U.S. Department of Justice
CRM=Criminal Division
PIN=Public Integrity Section
OEO=Office of Enforcement Operations
OLA=Office of Legislative Affairs
JMD=Justice Management Division
PAO=Public Affairs Office
SMO=Services Management Office
AG=Attorney General
AAG=Assistant Attorney General
DAAG=Deputy Assistant Attorney General
Trial Atty.=Trial Attorney
EOUSA=Executive Office of United States Attorneys
USADC=United States Attorney for the District of Columbia
AUSA=Assistant United States Attorney
USACT=U.S. Court of Appeals
FBI=Federal Bureau of Investigation
SA=Special Agent
DOT=U.S. Department of Transportation
IRS=Internal Revenue Service
SSCE= Senate Select Committee on Ethics
USAM=United States Attorneys Manual
ACTS=Automated Case Tracking System

Individuals/Entities Identified in this Index:
Ensign=U.S. Senator John Ensign of Nevada
JE=John Ensign
Fred Schwartz= (Ensign), a/k/a U.S. Senator John Ensign of Nevada
Elmer Johnson= (Ensign) [[ ]_Ensign@ensign.senate.gov], a/k/a U.S. Senator John Ensign of Nevada
congressnv@[ ]=a/k/a, U.S. Senator John Ensign of Nevada. This email account was also used by other members of the Ensign family.
nvensign@[ ]=a/k/a, U.S. Senator John Ensign of Nevada
[ ]=Name of a Private Third Party Individual Mentioned

FOIA Withholding Exemptions:

(b)(3)=Section 552(b)(3)Fed. R. Crim. P. 6(e), Grand Jury Materials: These documents are being withheld because they would disclose matter
occurring before a grand jury, including the identities of witnesses, the substance of the testimony, or the strategy or direction of the investigation.
(b)(5)=Section 552(b)(5)--Attorney Work Product (AWP): These documents constitute AWP because they were created by PIN attorneys in
anticipation of the criminal prosecution of Ensign and other third parties. They contain legal analysis by the PIN attorneys involved in the
investigation. Release of these documents would reveal the authoring attorneys mental impressions and legal theories.
(b)(5)=Section 552(b)(5)--Deliberative Process Privilege (DPP): These intra-agency documents are deliberative as they include a distillation of
facts and evidence by the PIN attorneys and would reveal pre-decisional deliberations as to whether to prosecute Senator Ensign and other third
parties and which investigative routes would be fruitful in the investigation. The discussions include information related to sufficiency of the
evidence to begin an investigation, what crimes to charge, which witnesses to interview, what records and documents to subpoena, and other
possible avenues of investigation.
(b)(6) and (b)(7)(C)=Section 552(b)(6) and Section 552(b)(7)(C)--Personal Privacy: The documents are being withheld in part to protect the
personal privacy interests of DOJ attorneys, FBI special agents, government employees, and private third party individuals. The release of this
information would not serve any identifiable public interest.




2



Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 1
[PIN Bankers
Box No. 1]
[ ], PIN
ACTS
Coordinator
To: Files Unit 06/12/2012 U.S. Department of Justice
Notice of Closed Files
Subject: [Form OBD-25];
Division: Criminal; File Number
186-16-2367; Case Title:
ENSIGN, JOHN ET AL. (ACT #
20100266).
Description: The document
performs the function of a file
cover sheet and further identifies
the underlying Ensign case file as
having been closed.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document has
been withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names and personal
information of DOJ employee(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 2
[PIN Bankers
Box No. 1]
[ ], PIN Trial
Atty.
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ], PIN
ACTS
Coordinator


Date Submitted:
5/12/2012
PIN - ACTS Declination Sheet
for John Ensign 20100266
Subject: [USDOJ/CRM, Form
PI-2, 02/13/08]; ACTS #
20100266; Title: John Ensign.
Description: The document is a
DOJ internal tracking form used
to identify or describe a particular
investigation and/or case, i.e.,
venue; potential criminal
violations and statutes violated;
assigned DOJ attorney(s);
declination analysis; supporting
documents; primary reason(s) for
immediate declination; agency
information; supervisory notes
and routing.
Basis for Withholding: (b)( 5)
(DPP). The information contained
in this document is deliberative
because it includes pre-decisional
material that was compiled to
assist policy-makers in reaching a
decision as to whether to
prosecute Ensign and because it
reflects the give-and-take process
by which the government reached
that decision. The declination
sheet, for example, includes
factual information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
3

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s). Revealing the
names and personal information
of the DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages]
CRM 3 (a) and
(b)
[PIN Bankers
Box No. 1]

See also:
CRM 96
[email sweep]
[DOJ0000154];
[DOJ0000155]

See also:
CRM 173
[email sweep]
[DOJ0001970];

[EOUSA referral
to CRM]
[ ], PI
Deputy
Chief

[ ], [ ],
PIN Trial
Attys.
Jack Smith,
PIN Section
Chief.

Jack Smith,
PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief.
May 7, 2012;
March 7, 2011.
MEMORANDUM [Declination
Memo]
Subject: Recommendation to
Decline Prosecution of Former
Senator John Ensign [Footnote
1].
Description: The document is a
Declination Memo setting forth
the detailed reasoning behind
DOJs decision to non-prosecute
Sen. John Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
decline to prosecute Ensign. The
document discusses legal theories
and factual information that was
compiled by PIN Trial
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed legal analysis behind
DOJs recommendation not to
charge or prosecute Ensign, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Sen. Ensign
and because it reflects the give-
and-take process by which the
government made that decision.
The Declination Memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reasons for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
(b)(3)
(Grand Jury
Material),
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
4

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Sen.
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[6-pages]


PROSECUTION
MEMORANDUM
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
Prosecution Memo setting forth
the detailed reasoning behind
DOJs decision recommending
the prosecution/indictment of [ ]
and [ ], and further declining the
prosecution of Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by DOJ managers
to decline to prosecute Ensign.
The document contains legal
theories and factual information
that was compiled by PIN Trial
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
list of the statutes that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
5

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The declination memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the PROSECUTION
MEMORANDUM contains a
banner reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL.
[48-pages]
CRM 4
[PIN Bankers
Box No. 1]

See also:
CRM 93
Unknown Unknown 10/23/2009 ACTS OPENING SHEET
Subject: [USDOJ/CRM, Form
PI-1, 4/8//2009]; TITLE: U.S. v.
Ensign.
Description: The document is an
internal DOJ tracking form used
to identify a particular case, i.e.,
criminal allegations and federal
statutes that may have been
violated; case responsibility;
statute of limitations expiration
date; attorney(s) assigned;
subject(s); case synopsis; agency
information and attorney conflict
of interest form.
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by PIN Trial
Attorney(s) for the investigation
and possible criminal prosecution
and its release would reveal the
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X X
6

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
list of the statutes that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld to protect the
personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[4-pages; 2 copies]
CRM 5
[PIN Bankers
Box No. 1]
[ ], PIN Trial
Atty.; [ ],
AUSA-DC.
[ ], Esq.,
Federal Public
Defender for
DC
April 4, 2011 LTR
Subject: Re: United States v.
[ ] Criminal Number: 11-
085(BAH).
Description: The document
references documents produced
by Ensign to the government
during the criminal investigation.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
(b)(3) (Grand
Jury
Material)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
X
7

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
under (b)(6)
and (b)(7)(C)

CRM 6
[PIN Bankers
Box No. 1]
Unidentified
PIN Trial
Atty.
Unidentified
PIN Trial
Atty.
10/14/--;
11/6/--.
Notes
Subject: Untitled.
Description: The notes are
unattributed however they are
consistent with records prepared
by an unidentified PIN Trial
Attorney in connection with the
Ensign investigation. The notes
contain multiple references to
Ensign. The notes also contain
information involving case legal
strategy as well as case specific
references to certain evidence and
witnesses.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Atty.
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document discusses strategies for
obtaining possible evidence
related to the investigation.
Basis for Withholding: (b)( 5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The handwritten notes contain
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
8

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld to protect the
personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 7 (a), (b)
and (c)
[PIN Bankers
Box No. 1]
[ ], PIN Trial
Atty.

[ ], Private
Legal
Counsel

[ ], Private
person
[ ], PIN
Employee

[ ], PIN Trial
Atty.


[ ], Private
Legal Counsel
December 14,
2009;
December 2, 2009;
December 1, 2009
Email
Subject: The document consists
of three emails with a subject line:
FW: Emailing:
NRSC, [ ], [ ], Email Addresses,
Allegiant Air, [ ], [ ], Ensign
Home, [ ], John Ensign, John
Ensign Fictitious,
[ ], [ ] [ ] NRSC, November Inc.
Description: The emails
reference Ensign and include an
email from private legal counsel
representing an individual with
information pertaining to the
Ensign investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
Employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)



X
CRM 8 (a), (b)
and (c)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual

[ ] (Ensign
employee),
Private
Individual

[ ], Private
Individual

[ ], Private
Individual

[ ], Private
Individual



[ ] (Ensign
employee),
Private
Individual

December 5, 2008. Email
Subject: The document consists
of three emails with a subject line:
Update EIS; RE: Ely Energy
Center Draft EIS and Re: Ely
Energy Center Draft EIS.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The emails contain
address information referencing
[ ] (Ensign employee) and [ ]
@ensign.sen.gov.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 8 are
deemed non-
responsive.


X
9

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP

Email
Subject: The document consists
of three emails with a subject line:
Update EIS; RE: Ely Energy
Center Draft EIS and Re: Ely
Energy Center Draft EIS.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The emails contain
address information referencing
[ ] (Ensign employee) and [ ]
@ensign.sen.gov.
This document is identical to the
previous email chain (CRM 8(a),
however, NV Energy
correspondence has been
handwritten on this email chain
by an unidentified individual].
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

Email
Subject: The document consists
of three email messages with a
subject line: Update EIS; RE:
Ely Energy Center Draft EIS and
Re: Ely Energy Center Draft
EIS.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The emails contain
address information referencing
[ ] (Ensign employee) and [ ]
@ensign.sen.gov.
This document is identical to the
previous email chain CRM 8(b),
however, NV Energy
correspondence and Ensign
office has been handwritten on
this email chain by an
unidentified private individual/
third party].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
10

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[1-page]
CRM 9
[PIN Bankers
Box No. 1]
Unknown Unknown Undated Email Addresses
Subject: The document contains
a list of email addresses for
Ensign and other private third
party individuals.
Description: The document lists
other private third party
individuals email addresses,
including that of Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 9 are
deemed non-
responsive.

X
CRM 10 (a), (b)
and (c)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual



[ ] (Ensign
employee),
Private
Individual

[ ], Private
Individual

[ ] (Ensign
employee),
Private
Individual

[ ], Private
Individual



[ ] (Ensign
employee),
Private
Individual

December 12,
2008
Email
Subject: The document consists
or three email messages with the
subject line: RE: Draft EIS and
Draft EIS.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The emails contain
address information referencing
(Ensign employee) and
@ensign.senate.gov.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 4 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)( 6)
and (b)(7)(C)

Portions of
CRM 10 are
deemed non-
responsive.

X
CRM 11 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
nvensign@
[ ], a/k/a
Ensign

[ ], Private
Individual
[ ], Private
Individual


Ensign [ ]
May 23, 2008 Email
Subject: The document consists
of two emails with a subject line:
Fw.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The emails
reference nvensign@[ ] and
Ensign [ ], John. The email chain
also contains handwritten notes
from an unidentified individual/
private third party.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 11 are
deemed non-
responsive.

X
11

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 3 copies]

Email
Subject: The document consists
of two emails with a subject line:
Fw.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The emails
reference nvensign@[ ] and
Ensign [ ], John. The email chain
also contains additional
handwritten notes from an
unidentified individual/ private
third party re: Never seen
document! and Ensign to [ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 12 (a) and
(b)
[PIN Bankers
Box No. 1]
[ ], Private
Individual



[ ], Private
Individual

[ ], Private
Individual,
(Ensign
Employee)

[ ], Private
Individual

February 26, 2008 Email
Subject: The document consists
of two emails with the subject
line: Fw: November Inc. 2008.
Description: The To line of
first email references (Ensign).
The email contains handwritten
notes from an unidentified
individual/ private third party.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individuals.
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

Email
Subject: The document consists
of two emails with the subject
line: Fw: November Inc. 2008.
Description: The To line of
the email references (Ensign).
The email contains additional
handwritten notes from an
unidentified individual.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 12 are
deemed non-
responsive.

X
12

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
being withheld in part to protect
the personal privacy interests of
third party individual(s).
Revealing the names and personal
information of third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 13 (a), (b)
and (c)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual

[ ], Private
Individual

[ ], Private
Individual
[ ], Private
Individual

[ ], Private
Individual

[ ], Private
Individual
May 28, 2008 Email
Subject: The document consists
of three emails with the subject
line: RE: Hey man.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. CRM 13(a) email
references JE.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 3 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 13 are
deemed non-
responsive.
X
CRM 14 (a) and
(b)
[PIN Bankers
Box No. 1]
[ ], Private
Individual

[ ], Private
Individual

[ ], Private
Individual

[ ], [ ],
[ ], Private
Individuals

December 14,
2008
Email
Subject: The document consists
of two email messages with the
subject line: Fw: Our Next
Venture.
Description: The emails contain
several references to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s) who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 14 are
deemed non-
responsive.
X
CRM 15
[PIN Bankers
Box No. 1]
[ ], Private
Legal
Counsel

[ ], PIN Trial
Atty.

August 9, 2010;
Stamped
RECEIVED Aug
24 2010 PI
LTR
Subject: Ensign Investigation
[ ] & [ ].
Description: The document
consists of correspondence
between [ ], Private Legal
Counsel and [ ], PI Trial Attorney
related to a privilege issue for a
potential witness to the criminal
investigation.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
13

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 16 (a), (b),
(c) and (d)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual

Fred
Schwartz
(Ensign),
a/k/a Ensign
[ ], Private
Individual

[ ], Private
Individual
December 09,
2009;
April 16, 2008
Email
Subject: The document consists
of two email messages with the
subject line: FW: did you call?
Im sorry.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The first email
forwards a second email from.
Ensign to a witness in the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The subject line of this
email states: FW: did you call?
Im sorry.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The original email
from Ensign was sent to a witness
to the criminal investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The subject line of this
email states: FW: did you call?
Im sorry.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The first email
forwards a second email. The
document contains a handwritten
note from an unidentified
individual/ private third party
reading: One of John (sic)
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 16 are
deemed non-
responsive.
X
14

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
fictitious email addresses.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The subject line of this
email states did you call? Im
sorry.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The first email
forwards a second email from
Ensign to a witness to the criminal
investigation. The document
contains the handwritten note of
an unidentified individual/ private
third party that reads: fictitious
email address.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: did you call? Im
sorry.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email is from
Ensign to a witness to the
investigation. This particular
version of the document does not
contain a handwritten note.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 17 Unknown Unknown November 2007- Senator Ensign Phone List The name(s) X
15

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
June 2009 Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document
contains the following
information: personal names,
telephone numbers and email
addresses for Ensign and other
private third party individuals
who were either associated with
and/or employed on behalf of
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 17 are
deemed non-
responsive.
CRM 18 (a), (b),
(c), (d) and (e)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
Unknown Unknown 4/2/08 [ ] Private Individual, Senator
Ensigns Office
Subject: Miscellaneous notes (2-
pages), see CRM 18 (a) and CRM
18 (b), the notes were then
combined together on a single
page, see CRM 18(c); Notes on
talks with John [Ensign] (1-page)
(CRM 18(d) and Record of
discussions with John Ensign (1-
page) (CRM 18(e).
Description: The notes were
obtained by the government from
a witness to the criminal
investigation. The document
consists of handwritten notes from
a witness to the criminal
investigation. The notes reference
JE and John. Portions of
page 3 of the handwritten notes
also appear to contain legal advice
from [ ], private legal counsel.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[4-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


Portions of
CRM 18 are
deemed non-
responsive.
X
CRM 19
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
Unknown Unknown Undated Untitled and Miscellaneous
Subject: The document
references Chief of Staff Duties
([ ]) and Administrative Duties
(Position TBD by JE).
Description: The document was
obtained by the government from
a witness in the criminal
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
X
16

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
investigation. The document
contains references to Ensign
and JE.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages; 2 copies]
under (b)(6)
and (b)(7)(C)


Portions of
CRM 19 are
deemed non-
responsive.

CRM 20 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual
[ ], Private
Individual
July 10, 2008 Email
Subject: The document consists
of two email messages with the
subject line: RE: hey man and
hey man.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email
references John and Ensign
Inc.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 20 are
deemed non-
responsive.

X
CRM 21
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
congressnv
@_, a/k/a
Ensign
[ ], Private
Individual
(Ensign
Employee)
March 28, 2008 Email
Subject: The subject line of the
email message states: I havent
spoken to you about anything but
as a person who cares for you,
you might want to talk to [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is no text or
message body to the email.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 22(a), (b),
(c) and (d)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
congressnv
@_ a/k/a
Ensign


[ ], Private
Individual
(Ensign
Employee)

March 28, 2008 Email
Subject: The document consists
of three email messages with the
subject line: Re: [ ]
Description: The document was
The name(s)
and personal
information
of private
third party
X
17

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual
(Ensign
Employee)

congressnv
@_ a/k/a
Ensign

congressnv@_
a/k/a Ensign



[ ], Private
Individual
(Ensign
Employee)

obtained by the government from
a witness in the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 23 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual
[ ], Private
Individual
February 23, 2008 Email
Subject: None.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email contains
references to John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

Email
Subject: None.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email contains
references to John. The
document contains a handwritten
note from an unidentified
individual on the face of the
email.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 23 are
deemed non-
responsive.

X
CRM 24
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual
[ ], Private
Individual
6/30/2009 Email
Subject: Ensign.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email contains
references to John and
Ensign.
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted

X
18

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Basis for Withholding: (b) 6
and (b) 7(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
under (b)(6)
and (b)(7)(C)

Portions of
CRM 24 are
deemed non-
responsive.

CRM 25 (a), (b),
(c), (d), (e), (f), (g)
and (h)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
Elmer
Johnson
(Ensign)
[[ ]
_Ensign@
ensign.senate
.gov], a/k/a
Ensign

[ ], Private
Individual
congressnv@_
a/k/a Ensign;
[ ], Private
Individual,
(Ensign
Employee);
[ ], Private
Individual

Elmer
Johnson
(Ensign), a/k/a
Ensign

December 10,
2007;
December 3, 2010
Email
Subject: The document consists
of eight email messages with a
subject line: Fw: [ ] at Cisco.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The emails are
between Ensign and other private
third party individuals.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 25 are
deemed non-
responsive.

X
CRM 26 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual.


[ ], Private
Individual

[ ], Private
Individual


July 10, 2008 Email
Subject: The document consists
of two email messages with a
subject line: RE: hey man.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email
references John and Ensign
Inc. There is a handwritten note
from an unidentified individual /
private third party on CRM 26(a)
blocking out a portion of the
email text. CRM 26(b) is nearly
identical to CRM 20.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 26 are
deemed non-
responsive.

X
CRM 27
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], Private
Individual

[ ], Private
Individual
(Ensign
Employee)

December 12,
2008
Email
Subject: Draft EIS.
Description: The document was
obtained by the government from
a witness in the criminal
The name(s)
and personal
information
of private
hird party
X
19

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[ ], PIN Trial
Atty. [copy]]


investigation. There is a
handwritten note from an
unidentified individual/ private
third party on CRM 28
referencing Ensign Staff.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 27 are
deemed non-
responsive.

CRM 28 (a), (b)
and (c)
[PIN Bankers
Box no. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual
.
[ ], Private
Individual
(Ensign
Employee)

[ ], Private
Individual

[ ], Private
Individual

[ ], Private
Individual



[ ], Private
Individual
(Ensign
Employee)

December 12,
2008
Email
Subject: The document consists
of three emails with the subject
line: FW: Draft EIS.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The emails are to
and from an Ensign employee;
one email references: @sign up
for Ensigns weekly update.
There is a handwritten note from
an unidentified individual/ private
third party on CRM 28(b).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 28 are
deemed non-
responsive.

X
CRM 29
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

nvensign@[ ],
a/k/a Ensign
Unidentified
person/ private
third party
handwriting on
document re:
Sent 5/27/08 @
10:40 am.
Email
Subject: Untitled.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email contains
references to John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
The name(s)
and personal
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 29 are
deemed non-
responsive.

X
CRM 30
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
[ ], Private
Individual

nvensign@[ ],
a/k/a Ensign
Unidentified
person/ private
third party
handwriting on
Email
Subject: Voice Message.
Description: The document was
obtained by the government from
The name(s)
and personal
information
of private
X
20

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
& Open Source;
[ ], PIN Trial
Atty. [copy]]

document re:
Sent 5/30/08 @
4:40 pm
a witness in the criminal
investigation. The email contains
references to John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 30 are
deemed non-
responsive.

CRM 31
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

nvensign@[ ],
a/k/a Ensign
July 14, 2008 Email
Subject: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email is
directed to Ensign and contains
references to John.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 31 are
deemed non-
responsive.

X
CRM 32
[PI Bankers Box
No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

Elmer
Johnson
(Ensign)
[[ ]
_Ensign@
ensign.senate
.gov], a/k/a
Ensign


[ ], Private
Individual










November 20,
2007
Email
Subject: [ ]
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email
references John. There is a
handwritten note on the document
from an unidentified individual/
private third party re: John to
[ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 32 are
deemed non-
responsive.

X
CRM 33 (a), (b),
(c) and (d)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
Elmer
Johnson
(Ensign)
[[ ]
_Ensign@
ensign.senate
.gov], a/k/a
Ensign
[ ], Private
Individual






January 28, 2008. Email
Subject: The document consists
of four email messages with the
subject line: Fw: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is a
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
X
21

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP

[ ], Private
Individual



Elmer
Johnson
(Ensign),
a/k/a Ensign

[ ], Private
Individual


Elmer
Johnson
(Ensign), a/k/a
Ensign

[ ], Private
Individual



Elmer
Johnson
(Ensign), a/k/a
Ensign

handwritten note on the document
from an unidentified individual/
third party re: John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
under (b)(6)
and (b)(7)(C)

Portions of
CRM 33 are
deemed non-
responsive.

CRM 34
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual

06/15/2009 Email
Subject: John Ensign [ ] to: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email contains
references to John. There is a
handwritten note on this
document from an unidentified
individual/private third party.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 34 are
deemed non-
responsive.

X
CRM 35 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

Ensign [ ], Private
Individual

Feb. 2008;
2/14/08
LTR
Subject: None.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document is a
handwritten letter from Ensign
(signed John) to a private third
party individual. This version of
the document does not contain a
handwritten note from an
unidentified individual/private
third party on the lower left hand
corner of the letter.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

LTR
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 35 are
deemed non-
responsive.

X
22

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Subject: None.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document is a
handwritten letter from Ensign
(signed John) to a private third
party individual. This version of
the document does contain a
handwritten note from an
unidentified individual/ private
third party on the lower left hand
corner of the letter.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 36
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual

06/11/2009 Email
Subject: US Senator [ ] to:
americasnewsroom.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The email contains
a reference to Senator John
Ensign. There is a handwritten
note from an unidentified
individual/ private third party on
the bottom of the email.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 36 are
deemed non-
responsive.

X
CRM 37 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual


[ ], Private
Individual

[ ], [ ], [ ],
[ ], Private
Individuals;
Ensign


December 09,
2009;
February 17, 2008
Email
Subject: The document consists
of two email messages with a
subject line: FW: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is a
handwritten note from an
unidentified individual/ private
third party on the bottom of the
email re: John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b) (6)
and (b)(7)(C)

Portions of
CRM 37 are
deemed non-
responsive.

X
23

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The document consists
of two email messages with a
subject line: FW: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 38 (a), (b)
and (c)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual

[ ], Private
Individual
[ ], Private
Individual

[ ], [ ], Private
Individuals

[ ], [ ], Private
Individuals


December 09,
2009;
February 18, 2008
Email
Subject: The document consists
of three email messages with a
subject line: FW: John [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is a
handwritten note from an
unidentified individual/ private
third party on the bottom of the
email that reads: John moving
out.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The document consists
of three email messages with a
subject line:FW: John [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. This version of the
document does not contain a
handwritten note.
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 38 are
deemed non-
responsive.

X
24

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 39 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual



[ ], Private
Individual

[ ], [ ], Private
Individuals;
Ensign
December 09,
2009;
February 18, 2008
Email
Subject: The document consists
of two email messages with the
subject line:FW: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The second email
references John. There is a
handwritten note from an
unidentified individual/ private
third party on the bottom of the
second email.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The document consists
of two email messages with the
subject line: FW: [ ].
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The second email
references John. This version
of the document does not contain
a handwritten note.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 39 are
deemed non-
responsive.

X
CRM 40 (a) and
(b)
[PIN Bankers
Box No. 1; CD
[ ], Private
Individual.

[ ], Private
[ ], Private
Individual.

[ ], Private
December 09,
2009;
February 21, 2008
Email
Subject: The document consists
of two email messages with the
subject line: FW: A few things.
The name(s)
and personal
information
of private
X
25

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

Individual



Individual Description: The document was
obtained by the government from
a witness in the criminal
investigation. The second email
references Ensign. There is a
handwritten note from an
unidentified individual/ private
third party on the bottom of the
second email.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
third party individual(s).
Revealing the names and personal
information of third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]

Email
Subject: The document consists
of two email messages with a
subject line: FW: A few things.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The second email
references Ensign. This version
of the document does not contain
a handwritten note.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 40 are
deemed non-
responsive.

CRM 41 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

Ensign



[ ], Private
Individual

[ ], Private
Individual
December 09,
2009;
April 1, 2008
Email
Subject: The document consists
of two email messages with a
subject line: FW: is it possible to
talk.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is a
handwritten note from an
unidentified individual/ private
third party on the bottom of the
second email re: John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 41 are
deemed non-
responsive.

X
26

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The document consists
of two email messages with the
subject line: FW: is it possible to
talk.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 42 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

Ensign



[ ], Private
Individual

[ ], Private
Individual
December 09,
2009;
April 1, 2008
Email
Subject: The document consists
of two email messages with the
subject line: FW: can you call
me on campaign vonage phone.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is a
handwritten note from an
unidentified individual/ private
third party on the bottom of the
second email re: John.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

Email
Subject: The document consists
of two email messages with the
subject line: FW: can you call
me on campaign vonage phone.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. This version of the
document does not contain a
handwritten note.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 42 are
deemed non-
responsive.

X
27

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
being withheld in part to protect
the personal privacy interest of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 43 (a), (b),
(c) and (d)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

Ensign


[ ], Private
Individual

Ensign


[ ], Private
Individual

[ ], Private
Individual

Ensign


[ ], Private
Individual

December 09,
2009;
April 1, 2008;
April 2, 2008
Email
Subject: The document consists
of four email messages with the
subject line: FW: is it possible to
talk.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document
consists of emails between Ensign
and a witness to the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 3copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 43 are
deemed non-
responsive.

X
CRM 44 (a), (b),
(c) , (d) and (e)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], Private
Individual


Fred
Schwartz
(Ensign),
a/k/a Ensign.
Fred
Schwartz
(Ensign),
a/k/a Ensign

Fred
Schwartz
(Ensign),
a/k/a Ensign



[ ], Private
Individual

Fred Schwartz
(Ensign), a/k/a
Ensign

[ ], Private
Individual


[ ], Private
Individual



[ ], Private
Individual

December 09,
2009;
April 10, 2008

Email
Subject: The document consists
of five email messages with the
subject line: FW: t.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document
consists of emails between Ensign
and a witness to the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 3 copies]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)

Portions of
CRM 44 are
deemed non-
responsive.

X
CRM 45
PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Legal
Counsel

[ ], SA (FBI)

December 18,
2009
LTR
Subject: Ensign Investigation.
Description: The document
consists of correspondence
between [ ], Private Legal
Counsel and [ ], SA (FBI) and
relates to a witness/subject to the
criminal investigation. The
document also contains a
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)

X
28

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
reference to [ ], a PIN Trial Atty.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of lower-level DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 46 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

Ensign Unknown 04/09/2008 Wachovia Bank
Subject: Non-Personal Signature
Card; Legal Entity Name: Senate
Majority Committee;
Signature: (signed) John E.
Ensign.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. There is a
handwritten note from an
unidentified individual/ private
third party at the top of the
document re: Bank accounts
Turn Over Removal of my
name, add [ ] &
[ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
third party individual(s).
Revealing the names and personal
information of third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]

Wachovia Bank
Subject: Non-Personal Signature
Card; Legal Entity Name: Battle
Born Political Action
Committee; Signature: (signed)
John E. Ensign - President.
Description: The document was
obtained by the government from
a witness in the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 46 are
deemed non-
responsive.

X
29

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 47 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

Ensign Unknown Date: 04/11/2008;
04/14/08 (Signed
by Ensign) &
Date: ______;
04/14/2008
(signed by Ensign)
Bank of Nevada
Subject: Account Agreement;
Account Title: ENSIGN FOR
SENATE CAMPAIGN and
dated at the top of document.
Description: The document was
obtained by the government from
a witness in the criminal
investigation.
Signature: (signed) John
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]

Bank of Nevada
Subject: Account Agreement;
Account Title: ENSIGN FOR
SENATE CAMPAIGN and
undated at the top of document.
Description: The document was
obtained by the government from
a witness to the criminal
investigation. The signature
block is (signed) John E.
Ensign.
Basis for Withholding: (b)(6) &
(b)(7)(C). The document is being
withheld in part to protect the
personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 47 are
deemed non-
responsive.

X
CRM 48
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

Bank of
Nevada
Date: April 21,
2008
LTR. JohnENSIGN U.S.
SENATE
Subject: Letter to Bank of
Nevada notifying the bank of
account change re: signer for
Ensign for Senate account.
Description: The document was
obtained by the government from
a witness in the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 48 are
deemed non-
responsive.

X
30

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
justified by any ascertainable
public interest.
[1-page]
CRM 49
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

IRS 2008 Miscellaneous Income Form
1099-MISC
Subject: ENSIGN FOR
SENATE.
Description: The document was
obtained by the government from
a witness in the criminal
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 49 are
deemed non-
responsive.

X
CRM 50
[PIN Bankers
Box No. 1; CD
marked:[ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]

[ ], Private
Individual

[ ], [ ], [ ],
[ ] (Ensign),
[ ] (Ensign),
[ ] (Ensign),
[ ], Private
Individuals
March 07, 2008 Email
Subject: The document subject
line states: CQ: PACs Rush to
Drop NRCC Treasurer.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The subject article
contains references to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 50 are
deemed non-
responsive.

X
CRM 51
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
[ ], Private
Individual


[ ] (Ensign),
Private
Individual

.

December 12,
2008
Email
Subject: The document subject
line states: Draft EIS.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The emails contain
address information referencing
(Ensign).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 51 are
deemed non-
responsive.

X
CRM 52 (a), (b), [ ], Private [ ], Private December 12, Email The name(s) X
31

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
(c), (d), (e) and (f)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]]
Individual

[ ] (Ensign
employee),
Private
Individual

[ ], Private
Individual



[ ], Private
Individual



[ ] (Ensign
employee),
Private
Individual

[ ], Private
Individual



Individual

[ ], Private
Individual



[ ] (Ensign
employee),
Private
Individual

[ ] (Ensign
employee),
Private
Individual

[ ], Private
Individual



[ ] (Ensign
employee),
Private
Individual

2008 Subject: The document consists
of six email messages with a
subject line: FW: Draft EIS;
RE: Draft EIS; Draft EIS.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The emails contain
address information referencing
(Ensign) and @ensign.senate.gov.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 52 are
deemed non-
responsive.

CRM 53 (a) and
(b)
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]
Unknown Unknown May 21 09 Settlement
Subject: Settlement Terms.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The first version of
the document contains
handwritten notes from an
unidentified individual/ private
third party at the bottom of the
page. The document contains a
reference to John [Ensign]. The
document also references
damages, legal fees and other
subjects.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

Settlement
Subject: Settlement Terms.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The second version
of this document does not contain
any handwritten notes on the
page. The document contains a
reference to John [Ensign]. The
document also references
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 53 are
deemed non-
responsive.
X
32

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
damages, legal fees and other
subjects.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 54
[PIN Bankers
Box No.1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]
[ ], Private
Individual

Unknown 2007-2008 (Misc.
Dates)
ENSIGN AFFAIR TIME-LINE
Subject: The document consists
of a detailed timeline series of
events related to the Ensign affair.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document
contains multiple references to
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[7-pages; Last page is blank]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)

Portions of
CRM 54 are
deemed non-
responsive.
X
CRM 55
[PIN Bankers
Box No. 1; CD
marked: [ ] Docs
& Open Source;
[ ], PIN Trial
Atty. [copy]
[ ], Private
Individual

Unknown 12/10/2009 The Chronology of Senator
Ensign Affair, Cover up,
Ethics, Crime (December
2007- June 2009)
Subject: The document provides
a detailed timeline recounting the
series of events related to the
Ensign affair. CRM 55 also
includes eighteen separate
attachments.
Description: The document was
obtained by the government from
a witness in the criminal
investigation. The document
contains multiple references to
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[30-pages; Last page is blank]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 55 are
deemed non-
responsive.
X
CRM 56
[PIN Bankers
Box No. 1]
[ ], PI Trial
Atty.
[ ], PI Trial
Atty.
Undated Notes
Subject: Untitled.
Description: The notes are
(b)(5)
(AWP) and
(b)(5) (DPP)
X
33

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
unattributed however they appear
consistent with records prepared
by a PIN Trial Attorney in
connection with the Ensign
investigation. The notes contain
multiple references to Ensign.
The notes also contain
information involving case
strategy as well as case specific
references to certain evidence and
witnesses.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney.
involved in the investigation.
Release of this document would
reveal the authoring DOJ
attorney(s) mental impressions
and legal theories. For example,
the document discusses strategies
for obtaining possible evidence
related to the investigation.
Basis for Withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The handwritten notes contain
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.

The name(s)
and personal
information
of lower-
level DOJ
employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

34

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[3-pages]
CRM 57
[PIN Bankers
Box No. 2]
Unidentified,
PI Trial Atty.
Unidentified,
PI Trial Atty.
Undated Questions for [ ]
Subject: A typed list of questions
covering various subjects.
Description: The document is
unattributed however it is
consistent with records prepared
by an unidentified PIN Trial
Attorney in connection with the
Ensign investigation. The notes
contain multiple references to
Ensign and others involved in the
investigation. The notes also
contain information pertaining to
legal case strategy as well as case
specific references to certain
evidence and witnesses.
Basis for Withholding: (b)(5)
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the Ensign
investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for Withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take process by which the
government made that decision.
The notes contain factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
35

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
CRM 58
[PIN Bankers
Boxes No. 2 and
No. 3]
[ ], PI Trial
Atty.
[ ], Inspector
General -
DOT
January 6, 2010 Email
Subject: Request for
documents.
Description: The document is an
email from [ ], a PIN Trial Atty.
to the DOT Inspector General
requesting the production of
certain documents and evidence
regarding the criminal
investigation involving Ensign.
The email references Ensign and
other individuals.
Basis for Withholding: (b)(5)
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by [ ], a
PIN Trial Attorney involved in
the investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses legal strategies for
obtaining possible evidence
related to the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 59
[PIN Bankers
Boxes No. 2 and
No. 3]
[ ], PIN Trial
Atty.
[ ], Inspector
General -
DOT
January 12, 2010 Email
Subject: Supplemental
Information.
Description: The document is a
follow-up email to a previous
email, see CRM 58, from [ ], a
PIN Trial Attorney to the DOT
Inspector General requesting the
production of certain documents
and evidence regarding a criminal
investigation involving Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
(b)( 5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
Employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)
X
36

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Ensign. The document contains
subjective legal analysis by [ ], a
PIN Trial Attorney involved in
the investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2 copies]

CRM 60
[PIN Bankers
Box No. 2]
Unidentified
PIN Trial
Atty.
Unknown Handwritten: As
of 5/11/2010
Initial_DOJ_Search
Terms_5_6_10
Subject: Computer search terms
prepared by an unidentified PIN
Trial Atty.
Description: The document
references Ensign, Inc., as well as
other private named individual(s)
and business entities.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the Ensign
investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses computer search terms
to be employed in obtaining
potential evidence related to the
Ensign investigation.
Basis for Withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take process by which the
government made that decision.
The computer search terms
contain factual information and
subjective analysis intended to
inform a final decision as to
whether to prosecute Ensign.
(b)( 5)
(AWP),
(b)(5)
(DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
37

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the
computer search terms may have
served as a basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 61
[PIN Bankers
Box No. 2]
Unidentified
PIN Trial
Atty.
Unknown As of 5/17/2010 Initial_DOJ_Search
Terms_5_6_10
Subject: Computer search terms
prepared by an unidentified PIN
Trial Atty.
Description: The document
contains a reference to Ensign,
Inc.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the Ensign
investigation. Release of this
document would reveal the
authoring attorneys mental
impressions and legal theories.
For example, the document
discusses strategies for obtaining
possible evidence related to the
Ensign investigation.
Basis for Withholding: (b) 5
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take process by which the
government made that decision.
The notes contain factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
(b)(5)
(AWP);
(b)(5) (DPP);

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
38

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 62
[PIN Bankers
Box No. 3]
Unknown Unknown-
Records/
Archives
CLOSED DATE
07/18/2012
PIN-DOJ-CRM: FILE
MANIFEST, [0001 OF 0002],
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266)
Description: The document
contains an inventory of the
contents of PINs Banker Box No.
3 which directly relates to the
Ensign investigation.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld to protect the
personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
(b)(3) (Grand
Jury
Material)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 63
[PIN Bankers
Box No. 3]
Unidentified
PIN Trial
Atty.
Unknown 04-12-10 Notes
Subject: Untitled.
Description: The notes are
unattributed however they are
consistent with records prepared
by an unidentified PIN Trial
Attorney in connection with the
Ensign investigation. The notes
contain multiple references to
Ensign. The notes also contain
information involving case legal
strategy as well as case specific
references to certain evidence and
witnesses.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
39

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document discusses strategies for
obtaining possible evidence
related to the investigation.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The handwritten notes contain
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[17-pages]
CRM 64
[PIN Bankers
Box No. 3]
[EOUSA referral
to CRM]
Senator
Barbara
Boxer,
Chairman
and Senator
Johnny
Isakson,
Vice
Chairman
Honorable
Eric Holder,
A.G.
May 12, 2011 LTR and Attachment
Un-redacted
Subject: Re: Referral of Matters
Arising from the Preliminary
Inquiry of Senator John Ensign.
Description: The document
consists of a Senate referral LTR
and a 2-page attachment to the
AG regarding Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
40

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[(LTR) 1-page; (Attachment) 2-
pages]

LTR and Attachment
Redacted
Subject: Re: Referral of Matters
Arising from the Preliminary
Inquiry of Senator John Ensign.
Description: The document
consists of a Senate referral LTR
and a 2-page attachment to the
AG regarding Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[(LTR) 1-page; (Attachment) 2-
pages]
CRM 65
[PIN Bankers
Box No. 2; CD
marked: Ensign
Investigation; 4-
16-2010; DOJ
[ ]]

[LTR (final)
(signed); LTR
(draft); [EOUSA
referral to CRM]
[ ], PIN Trial
Atty.
Google
(G-mail)
Custodian of
Records
LTR (final)
(signed) dated
March 2, 2010;
LTR (draft) dated
December 3, 2009
LTR and Fax Cover Sheet
Subject: Re: Preservation
Request.
Description: The document is a
preservation request related to an
email account for Sen. Ensign
(nvensign@[ ].com).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page LTR (final) (signed); 1-
page Fax Cover Sheet] (1-page
LTR(draft))
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)( 6)
and (b)(7)(C)

X
CRM 66
[PIN
BankersBox No.
2; CD marked:
Ensign
Investigation; 4-
16-2010; DOJ
[ ]]

[ ], PIN Trial
Atty.
Google
(G-mail)
Custodian of
Records
LTR (final)
(signed) dated
April 2, 2010
LTR and Fax Cover Sheet
Subject: Re: Preservation
Request.
Description: The document is a
preservation request related to an
email account of Sen. Ensign
(j.e.ensign@[ ].com).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
41

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[1-page LTR (final) (signed); 1-
page fax cover sheet]
CRM 67
[PIN Bankers
Box No. 2; CD
marked: Ensign
Investigation; 4-
16-2010; DOJ
[ ]]

[LTR (final)
(signed); LTR
(draft); [EOUSA
referral to CRM]
[ ], PIN Trial
Atty.
Custodian of
Records AOL,
LLC
LTR (final)
(signed) dated
December 4, 2009;
LTR (draft) dated
December 4, 2009
LTR and Fax Cover Sheet.
Subject: Re: Preservation
Request.
Description: The document is a
preservation request related to an
email account for Ensign and
another private third party
individual ([@aol.com) and
([ ]@aol.com.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the name of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[LTR (final) (signed) 1-page; fax
cover sheet 1-page; LTR(draft) 1-
page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 68
[PIN Bankers
Box No. 2; CD
marked: Ensign
Investigation; 4-
16-2010; DOJ
[ ]]

[LTR (final)
(signed); LTR
(draft); [EOUSA
referral to CRM]
[ ], PIN Trial
Atty.
Custodian of
Records
Yahoo! Inc
LTR (final)
(signed) dated
December 10,
2009; LTR (draft)
dated December
10, 2009; LTR
(draft) dated
December 3, 2009
LTR and Fax Cover Sheet.
Subject: Re: Preservation
Request.
Description: The document is a
preservation request related to an
email account of Ensign
(fredschwartz72@[ ].com).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in full to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-
level DOJ employee(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[LTR (final) (signed) 1-page; fax
cover sheet 1-page; LTR (draft) 1-
page; LTR (draft) 1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 69
[PIN Bankers
Box No. 4]
Unidentified
PIN
Employee
Case File Closed Date:
07/18/2012
PIN-DOJ-CRM: FILE
MANIFEST, [0001 OF 0001].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266).
Description: The document
contains a list of the contents of
PINs Banker Box No. 4 which
directly relates to the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of lower-level DOJ
employee(s) and private third
party individual(s), who maintain
The name(s)
and personal
information
of third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
42

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
CRM 70
[PIN Bankers
Box No. 4]
[EOUSA referral
to CRM]

See also:
CRM 287;
[The Inventory
of the Ensign
Investigative
Materials is the
attachment part
of a letter dated
May 24, 2011
from SSCE to
PIN]
[ ] SSCE Raymond
Hulser, PIN
Principle
Deputy for
Litigation;
Jack Smith,
PIN Section
Chief
Undated Inventory of the Ensign
Investigative Materials
(Attachment)
Subject: An inventory of
relevant SSCE documents in the
Ensign investigation designed to
assist or aid the DOJ prosecutor in
organizing evidentiary material.
Description: This is an SSCE
created document which consists
of a list of depositions,
memoranda of interviews,
document binders and [ ] taint
files.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
The name(s)
and personal
information
of and
private third
party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 71
[PIN Bankers
Box No. 4]
[ ], PIN Trial
Atty.









Jack Smith,
PIN Section
Chief
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy for
Litigation; [ ]
PIN Trial
Atty.

[ ], PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy for
Litigation; [ ]
PIN Trial
Atty.



June 02, 2011 Email
Subject: The document consists
of two email messages with a
subject line: RE: ENSIGN and
ENSIGN.
Description: The document is an
email chain discussing
investigative strategies to be
employed in connection with the
Ensign investigation. There is
also a handwritten word on the
email chain.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
investigative strategies for
gathering and reviewing evidence.
Release of this document would
reveal the authoring PIN Trial
Attorney(s) mental impressions
and legal theories with respect to
the identification of potential
witnesses and evidence related to
the Ensign investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of lower-level
government employee(s) and
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
43

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[2-pages]
CRM 72
[PIN Bankers
Box No. 4]
Unidentified
PIN Trial
Atty.








Unidentified
PIN Trial
Atty.




Undated Investigative Outline
Subject: None.
Description: The document is
broken into three separate
subparts:
[ ] 302 Statements, Corroborating
Evidence & Contradictory
Evidence. The document also
includes four full handwritten
post-it notes.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Sen. Ensign. The document
contains a summary of witness
statements and includes evidence
that supports and/or contradicts
such witness statements. Release
of this document would reveal the
authoring PIN Trial Attorney(s)
mental impressions and legal
theories with respect to the
governments analysis of the
witness statements and
supporting/ contradicting
evidence.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ attorney(s)
in reaching a decision of whether
to prosecute Ensign and because it
reflects the give-and-take process
by which the government made
that decision. The notes contain
factual information and subjective
legal analysis intended to inform a
final decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
(b)(5)
(AWP) and
(b) (5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
44

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
information of lower-level DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[15-pages]
CRM 73
[PIN Bankers
Box No. 4]
Unidentified
PIN Trial
Atty.








Unidentified
PIN Trial
Atty.




Undated [ ] Deposition
Subject: Deposition notes.
Description: The document
consists of handwritten notes
summarizing witness testimony
taken during a deposition. The
witness testimony references
Ensign.
Basis for Withholding: (b)( 5)
(AWP). This document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains a
summary of statements and
evidence offered during a
deposition. Release of this
document would reveal the
authoring PIN Trial Attorney(s)
mental impressions and legal
theories with respect to the
governments analysis of
statements and evidence offered
by the witness.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[10-pages]
(b)(5)
(AWP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 74
[PIN Bankers
Box No. 4]
Unidentified
PIN Atty.








Unidentified
PIN Atty.




Undated Investigative Outline
Subject: None.
Description: The document is
broken into three separate
subparts: Source, New Info &
Impact. The document contains
references Ensign and other
private third parties.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the investigation.
Release of this document would
reveal the authoring PIN Trial
Attorney(s) mental impressions
and legal theories. For example,
the document discusses legal
strategies for obtaining potential
(b)(5)
(AWP).

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
45

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
evidence related to the
investigation.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The handwritten notes contain
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 75
[PIN Bankers
Box No. 4]
[ ], [ ],
PIN Trial
Attys.
Jack Smith,
PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty
for Litigation;
[ ], PIN
Deputy Chief
March 7, 2011 REVISED PROSECUTION
MEMORANDUM
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
pros memo setting forth the
detailed reasoning behind DOJs
decision recommending the
prosecution/indictment of [ ] and
[ ], and further declining the
prosecution of Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
CRM managers of a
recommendation to indict several
individuals, as well as the
approval by PIN managers to not
prosecute Ensign. The document
(b)(3) (Grand
Jury
Material); (b)
5 (AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
46

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
contains legal theories and factual
information that was compiled by
DOJ attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
list of the statutes that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The declination memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document has
also been withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of these lower-level DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
Finally, page one of the
Prosecution Memo contains a
banner reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL.
[48-pages]
CRM 76
[PIN Bankers
Box No. 5]
Unknown Unknown-
Records/
Archives
CLOSED DATE
07/18/2012
PIN-DOJ-CRM: FILE
MANIFEST, [0001 OF 0002].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266)
(b)(3) (Grand
Jury
Material)

X
47

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Description: The document
contains a list of the contents of
PINs Banker Box No. 5, which
directly relates to the Ensign
investigation.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld to protect the
personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]

PIN-DOJ-CRM: FILE
MANIFEST, [0001 OF 0002].
Subject/Case Title: ENSIGN,
JOHN ET AL. (ACT #20100266)
Description: The document is a
duplicate copy of CRM 62. CRM
62 is an inventory of the contents
of PINs Banker Box No. 3,
which directly relates to the
Ensign investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 77
[PIN Bankers
Box No. 5]
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief
[ ], [SSCE] May 23, 2011 LTR
Subject: Referral of Matters
Arising from the Preliminary
Inquiry of Senator John Ensign.
Description: DOJ is requesting
from the SSCE the complete
evidentiary record as developed
by the SSCE.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 78
[email sweep];
[Relativity];
[DOJ0000001]
[ ] CRM
Atty.
[ ] PIN Trial
Atty.
June 30, 2011 Email
Description: The document
consists of two emails and email
chain with the subject line:RE:
[ ] and [ ]. The document
The name(s)
and personal
information
of lower-
level DOJ
X
48

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
discusses CRM personnel
assignments related to the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of a lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 78 are
deemed non-
responsive
CRM 79
[email sweep];
[Relativity];
[DOJ0000025]
Raymond
Hulser, PI N
Principal
Deputy Atty.
for Litigation

[ ] PIN
Employee
[ ] PIN
Employee




Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

June 30, 2011 Email
Description: The document
consists of two emails and email
chains with the subject line:RE:
When did we open the Ensign
matter? and When did we open
the Ensign matter?
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 80
[email sweep];
[Relativity];
[DOJ0000026]
[ ] PIN
Employee













Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


[ ] PIN
Employee
[ ], [ ], [ ], [ ],
[ ], [PIN Trial
Attorneys and
PIN
Employees;
William
Welch, PIN
Former
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] PIN
Employee;
[ ], PIN Trial
Atty.



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

June 30, 2011 Email
Description: The document
consists of three emails and email
chains with the subject line:RE:
PI ACTS Opening Sheet U.S. v.
Ensign ACTS:201000268and PI
ACTS Opening Sheet U.S. v.
Ensign ACTS:201000268
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 81
[email sweep];
[Relativity];
[DOJ0000029]
[ ] PIN
Employee
[ ] PIN Trial
Atty.




May 20, 2010;
May 19, 2010
Email
Description: The document
consists of two emails and email
chains with the subject line:RE:
new matter and new matter.
The emails reference the Ensign
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
X
49

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 82
[email sweep];
[Relativity];
[DOJ0000031];
[DOJ0000034-
Duplicative]
[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN
Employee


June 9, 2010 Email
Description: The document
consists of four emails and email
chains with the subject line:RE:
new matter and new matter.
The emails reference the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages; 2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 83
[email sweep];
[Relativity];
[DOJ0000036]
[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] PIN
Employee




June 22, 2010 Email
Description: The document
consists of two emails and email
chains with the subject line:RE:
matters #s and matters #s. The
emails reference the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 83 are
deemed non-
responsive.
X
CRM 84
[email sweep];
[Relativity];
[DOJ0000037]
[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] PIN
Employee




August 10, 2010 Email
Description: The document
consists of two emails and email
chains with the subject line:RE:
matters #s and matters #s. The
emails reference the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 84 are
deemed non-
responsive.
X
50

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 85
[email sweep];
[Relativity];
[DOJ0000039]
[ ] PIN
Employee


[ ] PIN Trial
Atty.




August 25, 2010 Email
Description: The document
consists of single email with the
subject line: [ ] MAIL IN MAIL
BUCKET. The email references
the Ensign investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 86
[email sweep];
[Relativity];
[DOJ0000041]
[ ] PIN
Employee




Google
Alerts

[ ] PIN
Employee


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] PIN
Employee

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


December 2, 2010;
December 1, 2010;
January 18, 2011
Email
Description: The document
consists of three emails and email
chains with the subject line:FW:
Google Alert Public Integrity
Section Google Alert Public
Integrity Section and FYI AP
HAS FOIA REQUEST FOR
ENSIGN. The emails reference
the Ensign investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 86 are
deemed non-
responsive.
X
CRM 87
[email sweep];
[Relativity];
[DOJ0000043]
[ ] PIN
Employee


[ ] PIN Trial
Atty.




March 16, 2011 Email
Description: The document
consists of single email with the
subject line:
PI_All_Open_Cases_Matters_Cr
eated_LANDSCRAPE STYLE.
The email references the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 88
[email sweep];
[Relativity];
[DOJ0000044]
[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] PIN
Employee




March 23, 2011 Email
Description: The document
consists of two emails and email
chains with the subject line:RE:
Ensign and Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
X
51

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
and (b)(7)(C)


CRM 89
[email sweep];
[Relativity];
[DOJ0000045];
[DOJ0000046]
[ ] PIN
Employee


[ ] PIN Trial
Atty.




April 15, 2011 Email
Description: The document
consists of single email with the
subject line: [ ] pdf. The email
does not reference Ensign
however one page of the nine
page attachment does reference
the Ensign investigation. The
attachment is a PIN survey of
their open cases and matters
report.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document contains a synopsis of
the Ensign investigation and it
also includes the names of
subjects, federal crimes, etc.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 89 are
deemed non-
responsive.
X
52

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
interests of lower-level DOJ
employee(s). Revealing the name
of lower-level DOJ employee(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 9-pages]
CRM 90
[email sweep];
[Relativity];
[DOJ0000055];
[DOJ0000056]
[ ] PIN
Employee


[ ] PIN Trial
Atty.




April 15, 2011 Email
Description: The document
consists of single email with the
subject line: [ ] pdf. The email
does not reference Ensign
however one page of the nine
page attachment does reference
the Ensign investigation. The
attachment is a PIN section
survey of their open cases and
matters report.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document contains a short
synopsis of the Ensign
investigation and includes: the
names of subjects, references to
certain federal crimes, etc.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in full to
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 90 are
deemed non-
responsive.
X
53

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
protect the personal privacy
interests of lower-level DOJ
employee(s). Revealing the name
of lower-level DOJ employee(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 9-pages]
CRM 91
[email sweep];
[Relativity];
[DOJ0000065];
[DOJ0000067]
[ ] PIN
Employee


[ ] PIN Trial
Atty.




April 25, 2011 Email
Description: The document
consists of two emails and an
email chain with the subject line:
[ ] pdf and [ ]. The email
does not reference Ensign
however one page of the nine
page attachment does reference
the Ensign investigation. The
attachment is a PIN survey of
their open cases and matters
report.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of the
possible criminal prosecution of
Ensign. The document contains
subjective legal analysis by an
unidentified PIN Trial Attorney
involved in the investigation.
Release of this document would
reveal the authoring attorneys
mental impressions and legal
theories. For example, the
document contains a short
synopsis of the Ensign
investigation and includes: the
names of subjects, references to
certain federal crimes, etc.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 91 are
deemed non-
responsive.
X
54

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s). Revealing the name
of lower-level DOJ employee(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 10-pages]
CRM 92
[email sweep];
[Relativity];
[DOJ0000078];
[DOJ0000076-
Duplicative]

[ ] PIN
Employee

[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] PIN
Employee




July 06, 2011 Email
Description: The document
consists of two emails and email
chains with the subject line:RE:
Enisign (sic) and Enisign (sic).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages; 2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 93
[email sweep];
[Relativity];
[DOJ0000081];
[DOJ0000082]

See also:
CRM 4.
[PIN Bankers
Box No. 1]
[ ] PIN
Employee

[ ] PIN Trial
Atty.

September 12,
2011
Email
Description: The document
consists of single email with the
subject line: Emailing:
ENSIGN+JOHN+ET+AL+20100
268 and an attachment line:
ENSIGN+JOHN+ET+AL+20100
268.pdf. The attachment consists
of the following document:
ACTS OPENING SHEET.
Subject: [USDOJ/CRM, Form
PI-1, 4/8//2009]; TITLE: U.S. v.
Ensign.
Description: The ACTS
OPENING SHEET is an internal
DOJ tracking form used to
identify a particular case, i.e.,
criminal allegations and federal
statutes that might have been
violated; case responsibility;
statute of limitations expiration
date; DOJ attorney(s) assigned;
subject(s); case synopsis; agency
information and attorney conflict
of interest form.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by PIN Trial
Attorneys for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
list of the statutes that may be
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
55

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s), and the names and
personal information of private
third party individual(s).
Revealing the names and personal
information of a lower- level
government employee(s) and third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 4-pages]
CRM 94
[email sweep];
[Relativity];
[DOJ0000095]
[ ] PIN
Deputy
Chief


[ ], [ ], PIN
Trial Attys.


November, 21,
2011
Email
Description: The document
consists of single email with the
subject line: [ ]. The email
contains a single word reference
to Ensign and a discussion
involving a personnel assignment.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
government employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 94 are
deemed non-
responsive.
X
56

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 95
[email sweep];
[Relativity];
[DOJ0000098]
[ ] PIN
Deputy
Chief


[ ] PIN
Employee

April 4, 2012 Email
Description: The document
consists of single email with the
subject line: Re: [ ] 2nd request
reminder: The email contains a
single word reference to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintains
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 95 are
deemed non-
responsive.
X
CRM 96
[email sweep];
[Relativity];
[DOJ0000154];
[DOJ0000155]

See also:
CRM 3 (a) and
(b).
[PIN Bankers
Box No. 1]
[ ] PIN
Employee
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


July 09, 2012;
May 7, 2012
Email
Description: The document
consists of single email with the
subject line: OK to enter into
ACTS in its entirety? Ensign
Declination Memo. The
attachment line: Ensign
Declination Memo.wpd.

MEMORANDUM [Declination
Memo].
Subject: Recommendation to
Decline Prosecution of Former
Senator John Ensign [Footnote
1].
Description: The document is a
declination memo setting forth the
detailed legal basis behind DOJs
decision not to charge or
prosecute Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
decline to prosecute Ensign. The
document discusses legal theories
and factual information that was
compiled by PIN Trial
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed legal analysis behind
DOJs recommendation not to
charge or prosecute Ensign, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
(b)(3) (Grand
Jury
Material),
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
57

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government made that decision.
The Declination Memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reasons for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Sen.
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of PIN Attorneys or third parties,
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 7-pages]
CRM 97
[email sweep];
[Relativity];
[DOJ0000168];
[DOJ0000169]

See also:
CRM 93
[email sweep];
[Relativity];
[DOJ0000081];
[DOJ0000082]

See also:
CRM 4
[PIN Bankers
Box No. 1]
[ ] PIN
Employee

[ ] PIN Trial
Atty.

May 14, 2010 Email
Description: The document
consists of single email with the
subject line: Emailing:
ENSIGN+JOHN+ET+AL+20100
268. Pdf Case Opening Sheet
and an attachment line:
ENSIGN+JOHN+ET+AL+20100
268.pdf. The attachment consists
of the following document:
ACTS OPENING SHEET.
Subject: [USDOJ/CRM, Form
PI-1, 4/8//2009]; TITLE: U.S. v.
Ensign.
Description: The ACTS
OPENING SHEET is an internal
DOJ tracking form used to
identify a particular case, i.e.,
criminal allegations and federal
statutes that may have been
violated; case responsibility;
statute of limitations expiration
date; DOJ attorney(s) assigned;
subject(s); case synopsis; agency
information and attorney conflict
of interest form.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
58

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
contains factual information that
was compiled by PIN Trial
Attorney(s) for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
list of the statutes that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
evidence described in the notes
may have served as a basis for
that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s), and the names and
personal information of private
third party individual(s).
Revealing the names and personal
information of a lower- level DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 4-pages]
CRM 98
[email sweep];
[Relativity];
[DOJ0000173]
[ ] PIN
Employee


[ ], [ ], PIN
Trial Atty.


October 23, 2009 Email
Description: The document
consists of single email with the
subject line: [ ] FOR ENSIGN
CORRECT. The email contains
a single word reference to Ensign
and also refers to a provision of
the United States Code.
(b)(5)(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
X
59

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by PIN Trial
Attorney(s) for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
reference to certain statutes that
may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of lower-level
DOJ employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 99
[email sweep];
[Relativity];
[DOJ0000175]
[ ] PIN
Employee


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

October 23, 2009 Email
Description: The document
consists of single email with the
subject line: PI[N] ACTS
Opening Sheet U.S. v. Ensign
ACTS: 201000268.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of a
PIN employee. Revealing the
name of lower-level DOJ
employee(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 100
[email sweep];
[Relativity];
[DOJ0000176];
[DOJ0000179-
Duplicative]

Jack Smith,
PIN
Section
Chief

[ ], [ ], PIN
Trial Attys.
April 1, 2011 Email
Description: The document
consists of single email with the
subject line: Fw: emergency help
needed. The remainder of the
document contains non-
responsive material.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of a
PIN employee. Revealing the
name of lower-level DOJ
employee(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 100
are deemed
non-
responsive.
X
60

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 101
[email sweep];
[Relativity];
[DOJ0000184]
[ ] PIN
Employee


[ ], PIN Trial
Atty.
October 29, 2009 Email
Description: The document
consists of single email with the
subject line: financial
disclosures and an attachment
line: Ensign Senate Financial
Disclosure_2006.pdf; Ensign
Senate Financial
Disclosure_2005.pdf. The
attachments are publicly available
documents.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

The
attachment
consists of
publicly
available
documents
X
CRM 102
[email sweep];
[Relativity];
[DOJ0000279];
[DOJ0000280]

[ ] PIN
Employee


[ ], PIN Trial
Atty.
[ ], PIN Trial
Atty.; [ ] PIN
Employee

[ ], [ ], PIN
Employee(s)

April 09, 2010 Email
Description: The document
consists of two emails with the
subject line: RE: Credit Bureau
Rider and Credit Bureau
Rider. The attachment line
reads:Subpoena Rider for Credit
Bureau 4-9-10.wpd. The
attachment references John E.
Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the name of lower-level
DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 1-page]
(b)(3) (Grand
Jury
Material)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)a
nd private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 103
[email sweep];
[Relativity];
[DOJ0000285]


Unknown Unknown Congressional Document
Requests by PIN
Description: The document
consists of a list of PIN requests
for Congressional documents
covering the periods of 2006-10.
The document created in an
outline form references Senator
Ensign
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by PIN Trial
Attorneys for the investigation
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
X
61

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case.
For example, the document
contains a comprehensive list of
cases wherein PIN requested
Congressional documents, the
document reference the method
PIN made the request and whether
production had yet occurred, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s), and the names and
personal information of private
third party individual(s).
Revealing the names and personal
information of a lower-level DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]
CRM 103
are deemed
non-
responsive
CRM 104
[email sweep];
[Relativity];
[DOJ0000294];
[DOJ0000295]


William
Welch, PIN
Former
Section
Chief

Raymond
Hulser, PIN
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

William
Welch, PIN
October 28, 2009;
October 27, 2009
Email
Description: The document
consists of two emails with the
subject line: RE: omnibus list
and omnibus list. The
attachment line reads: cases
(AAG) (102809).mem.wpd. The
attachment at pages 6-7 references
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
X
62

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Principal
Deputy Atty.
for Litigation

Former
Section Chief

Ensign. The attachment is a
memorandum containing a
detailed synopsis of active CRM
cases prepared on behalf of AAG
Lanny Breuer.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a
comprehensive list of cases and
summarizes the status of those
cases and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of a PIN Trial Attorney
and the names and personal
information of third party
individuals. Revealing the names
and personal information of a
lower- level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 104
are deemed
non-
responsive
63

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[1-page; 23-pages]
CRM 105
[email sweep];
[Relativity];
[DOJ0000319];
[DOJ0000318-
Duplicative]


William
Welch, PIN
Former
Section
Chief

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

William
Welch, PIN
Former
Section
Chief


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

William
Welch, PIN
Former
Section Chief


[ ], PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

October 23, 2009 Email
Description: The document
consists of three emails with the
subject line: RE: EnsignRe:
Ensign and Ensign. The
document discusses whether to
interview a witness/subject and
further makes reference to
Ensigns legal counsel.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ Trial
Attorney(s) for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case.
For example, the document
contains a discussion involving
whether to interview a witness/
subject and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee (s), and the names and
personal information of private
third party individual(s).
Revealing the names and personal
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
64

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
information of a lower-level DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page; 1-page]
CRM 106
[email sweep];
[Relativity];
[DOJ0000324]
[EOUSA referral
to CRM]
[ ], [ ],
[SSCE]


Jack Smith,
PIN Section
Chief



February 24, 2011 LTR.
Subject: Referral of Matters
Arising from the Preliminary
Inquiry of Senator John Ensign.
Description: The SSCE is
requesting access to the evidence
obtained by DOJ during the
investigation of Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the name of private
third party person(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 107
[email sweep];
[Relativity];
[DOJ0000336];
[DOJ0000333-
Duplicative];
[DOJ0000331-
Duplicative]



Janet Webb,
OEO,
Deputy
Director


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Janet Webb,
OEO,
Deputy
Director




Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Janet Webb,
OEO,
Deputy
Director




Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Janet Webb,
OEO, Deputy
Director; Paul
OBrien,
DAAG

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Paul OBrien,
DAAG

Janet Webb,
OEO, Deputy
Director; Paul
OBrien,
DAAG

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Paul OBrien,
DAAG

Paul OBrien,
DAAG;
Janet Webb,
OEO, Deputy
Director

September 22,
2011; September
21, 2011
Email
Description: The document
consists of six emails and email
chains with the subject line: RE:
Question. The document
consists of a legal strategy
discussion to determine how to
characterize certain individuals
within the scope of a legal
pleading and relates to the Ensign
investigation. The document also
cites to a relevant section of the
USAM.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ Trial
Attorney(s) for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case.
For example, the document
contains a discussion involving
how to properly characterize
certain persons within the context
of a legal pleading and release of
this information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
65

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of several private third
party individuals. Revealing the
names and personal information
of private third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages; 3-pages; 2-pages]
CRM 108
[email sweep];
[Relativity];
[DOJ0000339]
[ ] Private
Legal
Counsel

Unknown PIN
Trial Atty.(s).
June 6, 2011 Email
Description: The document
consists of single email with the
subject line: CONF
CALL/Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the name of private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 109
[email sweep];
[Relativity];
[DOJ0000340]

[ ] PIN
Summer
Volunteer
Intern
[ ] PIN
Deputy Chief
August 03, 2011;
August 02, 2011
Email and MEMORANDUM
Description: The document
consists of single email with the
subject line: [ ] Memo and with
the attachment line: [ ]
8.2.11.doxc.

MEMORANDUM
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
DOJ pros memo setting forth the
detailed legal reasoning behind
the decision recommending the
prosecution/indictment of [ ] and
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower
level DOJ
Employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)
X
66

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[ ], and further declining the
prosecution of Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
drafted to analyze a certain legal
theory germane to the issue of
whether to prosecute Ensign. The
document contains legal theories
and factual information that was
created by a PIN Summer
Volunteer Intern (Law Clerk) for
use by PIN Trial Attorneys during
the investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
list of the statutes that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The memo, for example, includes
factual information and subjective
legal analysis, in the form of the
whether the government could
successfully prosecute Ensign
under a certain legal theory.
Disclosure of this deliberative
material could likely chill the
open sharing of thoughts and
impressions of ongoing criminal
prosecutions. Disclosure is also
likely to confuse the public about
the final basis for the decision not
to prosecute Ensign.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of several PIN
employee(s) and private third
party individual(s). Revealing the
names and personal information
of these PIN employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 4-pages]



CRM 110 [ ] PIN Raymond June 07, 2012 Email & Attachment (b)(5) X
67

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[email sweep];
[Relativity];
[DOJ0000345];
[DOJ0000346]


Employee Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Employee
Description: The document
consists of single email with the
subject line: Update re 2011
Report to Congress with an
attachment line: 2011 Report to
Congress PIN Sheet.pdf.
Description: The document
consists of a list of PIN open
investigations. The document
contains a reference to Senator
Ensign.
Basis for Withholding: (b) (5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by PIN Trial
Attorney(s) for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case.
For example, the document
contains a comprehensive list of
PIN cases and summarizes the
status of those cases and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of PIN employee(s), and
the names and personal
information of third party
individual(s). Revealing the
names and personal information
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 110
are deemed
non-
responsive
68

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
of a lower- level government
employee and third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 3-pages]
CRM 111
[email sweep];
[Relativity];
[DOJ0000349]
[ ] PIN Trial
Atty.
[ ] PIN Trial
Atty.(s).
February 01, 2011 Email
Description: The document
consists of three emails and the
subject line: Re: [ ] RE: [ ]
and [ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
several PIN Trial Attorney(s) and
a private third party individual.
Revealing the name of lower-level
DOJ employee(s) and private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 112
[email sweep];
[Relativity];
[DOJ0000851];
[DOJ0000852];
[DOJ0000856]

[ ] PIN Trial
Atty.
[ ] PIN Trial
Atty.
August 23, 2010 Email and Attachments
Description: The document
consists of a single email and the
subject line: 18 Facts Linked To
Object [ ].pdf and 20 Facts
Linked To Object [ ].pdf. The
attachments contain references to
Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by a PIN Trial
Attorney for the investigation and
possible criminal prosecution and
its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case.
For example, the document
contains an analysis of the
electronic evidence and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Each attachment states at the
bottom of the text page -
Confidential Attorney Work
Product. Do Not Reproduce.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
69

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
several PIN Trial Attorney(s) and
private third party individual(s).
Revealing the name of private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 4-pages; 4-pages]
CRM 113
[email sweep];
[Relativity];
[DOJ0001046]

[ ] PIN Trial
Atty.
Patty Stemler,
Chief,
Appellate
Section
January 24, 2011 Email
Description: The document
consists of a single email and the
subject line: [ ]. The email
contains a reference to the Ensign
investigation.
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by a PIN Trial
Attorney during an investigation
and potential criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document discusses
a legal issue encountered during
the course of the investigation and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of DOJ
employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 113
are deemed
non-
responsive
X
70

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of a
PIN Trial Attorney(s) and private
third party individual(s).
Revealing the name of lower-level
DOJ employee(s) and private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 114
[email sweep];
[Relativity];
[DOJ0001047];
[DOJ0001052-
Duplicative]

See also:
CRM 162
[email sweep];
[Relativity];
[DOJ0001364]

Patty
Stemler,
Chief,
Appellate
Section
Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Joseph
Wyderko,
Principal
Deputy Chief,
Appellate
Section

January 24, 2011 Email
Description: The document
consists of a single email and the
subject line: RE: [ ]. The email
contains a reference to the Ensign
investigation.
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information and
legal analysis that was compiled
by a DOJ attorney(s) for an
ongoing criminal investigation
and potential prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a discussion
about a legal charging issue that
arose during an investigation and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 114
are deemed
non-
responsive
X
71

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
decision as to whether to
prosecute Ensign and others.
Disclosure of this material is
likely to discourage government
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the name of lower-level
DOJ employee(s) and private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
CRM 115
[email sweep];
[Relativity];
[DOJ0001049]

Patty
Stemler,
Chief,
Appellate
Section

[ ] PIN
Deputy
Chief


Patty
Stemler,
Chief,
Appellate
Section

[ ] PIN
Deputy Chief




Patty Stemler,
Chief,
Appellate
Section

[ ] PIN
Deputy Chief

July 07, 2011 Email
Description: The document
consists of a single email and the
subject line: RE: Ensign.
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information and
legal analysis that was compiled
by DOJ attorney(s) for the
investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a legal
discussion about a charging issue
and revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employees
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 115
are deemed
non-
responsive
X
72

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the name of private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 116
[email sweep];
[Relativity];
[DOJ0001074]

[ ] PIN Trial
Atty.
[ ], [ ], [ ], [ ],
[ ], [ ], [ ] PIN
Trial Atty.(s).
June 21, 2011 Email
Description: The document
consists of a single email and the
subject line: I know youre all
busy . . . The message contains a
one line reference to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the name of private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 116
are deemed
non-
responsive
X
CRM 117
[email sweep];
[Relativity];
[DOJ0001078]

Jack Smith,
PIN Section
Chief
Lanny A.
Breuer, DAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG
March 20, 2011 Email
Description: The document
consists of a single email and the
subject line: Talking Points
[ ] + Senate Ethics. The message
references Ensign.
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information and
legal analysis compiled by a DOJ
attorney(s) for the investigation
and possible criminal prosecution
of Ensign, and its release would
reveal the mental impressions and
legal strategies of the attorneys
involved in the case. For
example, the document contains a
legal discussion about a charging
issue and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
73

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names of private
third party individual(s) who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 118
[email sweep];
[Relativity];
[DOJ0001079]

Jack Smith,
PIN Section
Chief
[ ] PIN
Deputy Chief;
[ ] PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG
July 7, 2011 Email
Description: The document
consists of a single email and the
subject line: Ensign Update.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 119
[email sweep];
[Relativity];
[DOJ0001080]

PAO (SMO) PAO (SMO) December 01,
2010
Email
Description: The document
consists of a single email and the
subject line: DOJ DAILY NEWS
WRAP. The document contains
a reference to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 119
are deemed
non-
X
74

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[3-pages]
responsive
CRM 120
[email sweep];
[Relativity];
[DOJ0001090]

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
Jack Smith,
PIN Section
Chief
June 14, 2010 Email
Description: The document
consists of a single email and the
subject line: FW: Meeting. The
document references Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 120
are deemed
non-
responsive
X
CRM 121
[email sweep];
[Relativity];
[DOJ0001092]

Jack Smith,
PIN Section
Chief



Jack Smith,
PIN Section
Chief; [ ], [ ],
PIN Trial
Atty.(s); [ ]
(AUSADC);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief
September 24,
2010
Email
Description: The document
consists of a single email and the
subject line: ENSIGN
MEETING DISCUSSION OF
DRAFT PROS MEMO.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 121
are deemed
non-
responsive
X
CRM 122
[email sweep];
[Relativity];
[DOJ0001096]

See also:
CRM 153
[email sweep];
[Relativity];
[DOJ0001311-
Duplicative];
[DOJ 0001314-
Duplicative]

See also:
CRM 154
[email sweep];
[Relativity];
[DOJ0001316-
Duplicative]

Jack Smith,
PIN Section
Chief



[ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

December 01,
2010
Email
Description: The document
consists of two emails and the
subject line: Re: Ensign and
Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a PIN Attorney(s)
recommendation to PIN managers
to decline the prosecution of
Ensign. The document discusses
potential legal theories, evidence
and factual information that was
compiled by PIN Trial
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
detailed summary of the evidence
obtained by PIN and how it might
impact a potential criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
75

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The email message, for example,
includes factual information and
subjective analysis, in the form of
the primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 123
[email sweep];
[Relativity];
[DOJ0001097]

Jack Smith,
PIN Section
Chief





[ ] Special
Agent(FBI)
[ ] Special
Agent (FBI);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief

December 02,
2010
Email
Description: The document
consists of two emails and the
subject line: Re: Ensign and
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 124
[email sweep];
[Relativity];
[DOJ0001098]

Jack Smith,
PIN Section
Chief


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief;
[ ] PIN Trial
Atty.


February 18, 2011 Email
Description: The document
consists of a single email and the
subject line: Review Ensign GJ
Q+A.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 125 Jack Smith, Raymond March 17, 2011; Email (b)(5) X
76

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[email sweep];
[Relativity];
[DOJ0001099]

PIN Section
Chief


Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; Mary
Pat Brown,
DAAG

March 16, 2011 Description: The document
consists of six email and the
subject line: Re: Senate Ethics
Committee re Ensign, et al RE:
Senate Ethic Committee re
Ensign, et al FW: Senate Ethics
Committee re Ensign, et al and
Senate Ethics Committee.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
summarizes PINs position with
respect to DOJs response to the
SSCE letter and its previous
referral to DOJ. The document
discusses potential legal strategy
and information that was
compiled by PIN Trial
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed summary of how DOJ
should respond to the SSCE letter
and its referral to DOJ, its impact
on any potential criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The email message, for example,
includes factual information and
subjective analysis, in the form of
the primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


77

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[2-pages]
CRM 126
[email sweep];
[Relativity];
[DOJ0001101]

Jack Smith,
PIN Section
Chief


[ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


June 8, 2010 Email
Description: The document
consists of a single email and the
subject line: ENSIGN weekly
mtg.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 127
[email sweep];
[Relativity];
[DOJ0001104]

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation








[ ] (OLA)
(JMD)














Mythili
Raman,
DAAG
[ ] (OLA)
(JMD); [ ]
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
[ ] (CRM); [ ]
(OLA) (JMD);
Mary Patrice
Brown,
DAAG

Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (CRM); [ ]
(OLA) (JMD);
Mary Patrice
Brown,
DAAG

[ ] (OLA)
(JMD); [ ]
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
[ ] (CRM); [ ]
(OLA) (JMD);
Mary Patrice
Brown,
DAAG


May 27, 2012 Email
Description: The document
consists of three emails and the
subject line: Re: Draft of letter to
OCE.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
summarizes DOJs posture with
respect to a draft letter to the
OCE. The document discusses
potential legal strategy and
information that was compiled by
PIN Trial Attorney(s) during the
Ensign investigation and its
release would reveal the mental
impressions and legal strategies of
the attorneys involved in the case.
For example, the document
contains a discussion of how DOJ
dealt with Congress insofar as the
Ensign investigation and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 127
are deemed
non-
responsive
X
78

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages]
CRM 128
[email sweep];
[Relativity];
[DOJ0001113]

Jack Smith,
PIN Section
Chief


Jack Smith,
PIN Section
Chief;[ ], [ ],
PIN Trial
Attys.; [ ]
(USADC);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


August 8, 2010 Email
Description: The document
consists of a single email and the
subject line: Updated: WEEKLY
ENSIGN MEETING.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 129
[email sweep];
[Relativity];
[DOJ0001114]

Jack Smith,
PIN Section
Chief


[ ], [ ], PIN
Trial Atty.(s);
[ ] (USADC);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ] PIN
Deputy Chief
September 14,
2010
Email
Description: The document
consists of a single email and the
subject line: ENSIGN
MEETING DISCUSSION OF
DRAFT PROS MEMO.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 130
[email sweep];
[Relativity];
[DOJ0001118];
[DOJ0001119]


Jack Smith,
PIN Section
Chief


















Lanny A.
Breuer, DAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

May 27, 2012 Email
Description: The document
consists of a single email and the
subject line: Ensign [ ] Memo
and an attachment line: ensign_
[ ].
Basis for Withholding: (b)(3)
(Grand Jury Material). The 4-
page attachment document is
marked: PRIVILEGED AND
CONFIDENTIAL CONTAINS
6(e) MATERIAL.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Trial Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign and other
individuals. The document
discusses potential legal theories,
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
79

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP







evidence and factual information
that was compiled by PIN Trial
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
detailed discussion of grand jury
investigative strategy with regard
to the Ensign investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 4-pages]
CRM 131
[email sweep];
[Relativity];
[DOJ0001126]

CRM 131
[email sweep];
[Relativity];
[DOJ0001140];
[DOJ0001143]

Jack Smith,
PIN Section
Chief









Jack Smith,
PIN Section
Chief
[ ], [ ]
(USADC);
[ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief

[ ], [ ], ( [ ],
[ ], PIN Trial
Atty.(s);
October 12, 2010;
June 11, 2010
Email
Description: The document
consists of a single email and the
subject line: Re: WEEKLY
ENSIGN MEETING.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 131
are deemed
non-
X
80

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[1-page]

Email
Description: The document
consists of a single email and the
subject line: Alabama Weekly
Progress Report. The message
contains a reference to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages; 2-pages]
responsive
CRM 132
[email sweep];
[Relativity];
[DOJ0001145]


Jack Smith,
PIN Section
Chief

























Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ], PIN
Trial Atty.; [ ]
(USADC)

February 4 2011 Email
Description: The document
consists of a single email and the
subject line: Ensign/[ ] Update.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Trial Attorneys
recommendation to their DOJ
managers regarding the
prosecution of Ensign and other
individuals. The document
discusses potential legal theories,
evidence and factual information
that was compiled by PIN Trial
Attorneys during the investigation
and possible criminal prosecution
of Ensign, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed discussion of
grand jury investigative strategy
with regard to the Ensign
investigation, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
81

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 133
[email sweep];
[Relativity];
[DOJ0001149]

Jack Smith,
PIN Section
Chief









Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation





Mythili
Raman,
DAAG








Mythili
Raman,
DAAG








Raymond
Hulser, PIN
Principal
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG

Mythili
Raman,
DAAG;
Jack Smith,
PIN Section
Chief;
Mary Patrice
Brown,
DAAG

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief

Mythili
Raman,
DAAG;
April 22, 2011;
April 21, 2011
Email
Description: The document
consists of five emails and the
subject line: Re: Senate letter
and Senate letter.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
summarizes DOJs posture with
respect to a draft letter to the
SSCE. The document discusses
potential legal strategy and
information that was compiled by
PIN Attorney(s) during the Ensign
investigation and its release would
reveal the mental impressions and
legal strategies of the attorneys
involved in the case. For
example, the document contains a
discussion of how DOJ dealt with
the SSCE insofar as the Ensign
investigation and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of a
discussion pertaining to charging
decisions. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
82

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Deputy Atty.
Litigation

Jack Smith,
PIN Section
Chief;
Mary Patrice
Brown,
DAAG




about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
CRM 134
[email sweep];
[Relativity];
[DOJ0001157]


Jack Smith,
PIN Section
Chief


[ ] PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

July 29, 2010 Email
Description: The document
consists of three email sand the
subject line: Re: Politico and
Politico.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and other
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 135
[email sweep];
[Relativity];
[DOJ0001160]


Jack Smith,
PIN Section
Chief


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

May 25, 2010 Email
Description: The document
consists of a single email and the
subject line: RE: Reference
Check Memo-[ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 135
are deemed
non-
responsive
X
CRM 136
[email sweep];
[Relativity];
[DOJ0001163]
[Duplicative -
EOUSA referral
to CRM]


Jack Smith,
PIN Section
Chief


[ ], [ ], PIN
Trial Atty.(s);
[ ] (USADC);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

July 13, 2010 Email
Description: The document
consists of a single email and the
subject line: Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 135
are deemed
non-
responsive
X
CRM 137
[email sweep];
[Relativity];
[DOJ0001164]
[Duplicative -
Jack Smith,
PIN Section
Chief


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
June 07, 2010 Email
Description: The document
consists of a single email and the
subject line: Re: Projection for
Document Review -Ensign and
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
X
83

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
EOUSA referral
to CRM

Projection for Document Review
Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Trial Attorneys
recommendation to DOJ
managers regarding the
prosecution of Sen. Ensign and
other individuals. The document
discusses potential document
review that was compiled by PIN
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
detailed discussion of document
review strategy with regard to the
Ensign investigation, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of document
review strategy. Disclosure of
this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Disclosure is also likely to
confuse the public about the final
basis for the decision not to
prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 138
[email sweep];
[Relativity];
[DOJ0001166]

Jack Smith,
PIN Section
Chief


[ ], [ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
June 11, 2010 Email
Description: The document
consists of a single email and the
subject line: RE: Alabama
Weekly Progress Report.
The name(s)
and personal
information
of lower-
level DOJ
X
84

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Deputy Atty.
for Litigation

Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 138
are deemed
non-
responsive
CRM 139
[email sweep];
[Relativity];
[DOJ0001178]


Jack Smith,
PIN Section
Chief


[ ] PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

June 14, 2010 Email
Description: The document
consists of a single email and the
subject line: RE: Filter team
memo. The message contains a
single word reference to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 140
[email sweep];
[Relativity];
[DOJ0001180]


Jack Smith,
PIN Section
Chief



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief

May 27, 2010 Email
Description: The document
consists of two emails and the
subject line: RE: email
question.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Trial Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign and other
individuals. The document
discusses potential document
review that was compiled by PIN
Trial Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed discussion of Senate
documents with regard to the
Ensign investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 140
are deemed
non-
responsive
X
85

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of how PIN
should proceed with respect to
Senate documents. Disclosure of
this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Disclosure is also likely to
confuse the public about the final
basis for the decision not to
prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
CRM 141
[email sweep];
[Relativity];
[DOJ0001183];
[DOJ0001184]


Jack Smith,
PIN Section
Chief




[ ], [ ],
[ ](CRM);
Mythili
Raman,
DAAG; John
Keeney,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


August 05, 2010 Email
Description: The document
consists of a single email and the
subject line: AAGReport(08 05
10).wpd.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign and other
individuals. The document
discusses potential document
review that was compiled by PIN
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed discussion of the Ensign
investigation prepared for the
AAG, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 141
are deemed
non-
responsive
X
86

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, in the form of a detailed
summary of the Ensign
investigation prepared for the
AAG. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 2-pages]
CRM 142
[email sweep];
[Relativity];
[DOJ0001190];
[DOJ0001191]


Jack Smith,
PIN Section
Chief




[ ] PIN
Deputy Chief


August 25, 2010 Email
Description: The document
consists of a single email and the
subject line: Current Case
Priorities and attachments line:
CURRENT CASE
PRIORITIES.docx. The
attachment is a list of PIN case
priorities and references Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign and other
individuals. The document
discusses potential document
review that was compiled by PIN
Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed discussion of Ensign
investigation planning and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 142
are deemed
non-
responsive
X
87

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The attachment
document, for example, includes
factual information and subjective
analysis, in the form of a detailed
summary of the Ensign
investigative plan. Disclosure of
this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Disclosure is also likely to
confuse the public about the final
basis for the decision not to
prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 3 -pages]
CRM 143
[email sweep];
[Relativity];
[DOJ0001195];
[DOJ0001196]



Jack Smith,
PIN Section
Chief


[ ] PIN
Deputy Chief

August 26, 2010 Email
Description: The document
consists of a single email and the
subject line: Case list for next
weeks meeting and attachments:
CURRENT CASE
PRIORITIES1.docx.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 4-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 143
are deemed
non-
responsive
X
CRM 144
[email sweep];
[Relativity];
[DOJ0001200];
[DOJ0001201]



Jack Smith,
PIN Section
Chief


Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief

August 26, 2010 Email
Description: The document
consists of a single email and the
subject line: Meeting to Go Over
PIN Priority Cases and
attachments: CURRENT CASE
PRIORITIES01.docx.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 144
are deemed
non-
responsive
X
88

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[1-page; 5-pages]
CRM 145
[email sweep];
[Relativity];
[DOJ0001206];
[DOJ0001207]



Jack Smith,
PIN Section
Chief


Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
[ ] PIN
Deputy Chief

September 06,
2010
Email
Description: The document
consists of a single email and the
subject line: Goals and
attachments: SEPTEMBER-
DECEMBER2010
PRIORITIES.docx.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign. The
document discusses the use of the
grand jury and charging decisions
by PIN Attorney(s) during the
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
discussion of the use of the grand
jury and charging decisions, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The attachment
document, for example, includes
factual information involving the
use of the grand jury and charging
decisions with respect to the
Ensign investigative. Disclosure
of this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Disclosure is also likely to
confuse the public about the final
basis for the decision not to
prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 145
are deemed
non-
responsive
X
89

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[1-page; 1-page]
CRM 146
[email sweep];
[Relativity];
[DOJ0001208]



Jack Smith,
PIN Section
Chief


[ ] PIN Trial
Atty.

September 15,
2010
Email
Description: The document
consists of a single email and the
subject line: [ ].
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Trial Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign. The
document discusses an aspect of
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document questions
the development of a certain
aspect of the investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The attachment
document, for example, includes a
question regarding the status of a
certain aspect of the Ensign
investigative. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 147
[email sweep];
[Relativity];
[DOJ0001256]



[ ], PIN Trial
Atty.

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
September 30,
2010
Email
Description: The document
consists of a single email and the
subject line: Draft pros memo.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
X
90

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
for Litigation
[ ] PIN
Deputy Chief;
[ ], PIN Trial
Atty.

the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level government employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 147
are deemed
non-
responsive
CRM 148
[email sweep];
[Relativity];
[DOJ0001257]



Jack Smith,
PIN Section
Chief


[ ] PIN Trial
Atty.

October 4, 2010 Email
Description: The document
consists of a single email and the
subject line: RE: Camp
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between PIN managers and a PIN
Trial Attorney regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign,
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document questions
the investigation developments,
and revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 149
[email sweep];
[Relativity];
[DOJ0001258]



Jack Smith,
PIN Section
Chief
[ ], [ ], PIN
Trial Atty.(s);
[ ] (USADC);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

June 15, 2010 Email
Description: The document
consists of a single email and the
subject line: WEEKLY ENSIGN
MEETING.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 150
[email sweep];
[Relativity];
Unspecified
Sender
[ ], [ ], PIN
Trial Atty.(s);
[ ] (USADC);
Undated;
Undated;
Undated;
Email
Description: The document
consists of a single email and the
The name(s)
and personal
information
X
91

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[DOJ0001260];
[DOJ0001261];
[DOJ0001262];
[DOJ0001263];
[DOJ0001264]




[ ], PIN
Deputy Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Undated;
Undated
subject line: WEEKLY ENSIGN
MEETING Updated: WEEKLY
ENSIGN MEETING and
ENSIGN MEETING
DISCCUSSION OF DRAFT
PROS MEMO.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 1-page; 1-page; 1-page;
1-page]
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 151
[email sweep];
[Relativity];
[DOJ0001293];
[DOJ0001294]




Jack Smith,
PIN Section
Chief
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief

November 19,
2010
Email
Description: The document
consists of a single email and the
subject line: KeyCase List and
attachments line: KEY CASE
LIST.docx.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between PIN managers regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and a proposed grand jury
witness, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
reference investigation
developments and makes
reference to a proposed grand jury
witness, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 5-pages]
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 151
are deemed
non-
responsive
X
CRM 152
[email sweep];
[Relativity];
[DOJ0001307]
Jack Smith,
PIN Section
Chief

[ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
December 01,
2010
Email
Description: The document
consists of eight emails and the
subject line: RE: Ensign Re
(b)(3)
(Grand Jury
Material);
(b)(5)
X
92

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP






[ ] PIN Trial
Atty.








Jack Smith,
PIN Section
Chief

Mythili
Raman,
DAAG






Jack Smith,
PIN Section
Chief








[ ] (SMO)












Jack Smith,
PIN Section
Chief








[ ] (SMO)



Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief; [ ] PIN
Trial Atty. ;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ], [ ], PIN
Trial Atty.(s)


Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Ensign and Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of PIN Attorney(s)
recommendation to DOJ
managers regarding the
prosecution of Ensign and other
individuals. The document
discusses a proposed grand jury
witness, and discusses a subject
of the Ensign investigation, and
its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
discussion regarding a proposed
grand jury witness, and discusses
a subject of the Ensign
investigation, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
other individuals because it
reflects the give-and-take process
by which the government reached
that decision. The email message,
for example, includes factual
information and subjective
analysis, regarding a grand jury
witness and a subject of the
criminal investigation. Disclosure
of this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Disclosure is also likely to
confuse the public about the final
basis for the decision not to
prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[3-pages]
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


93

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP




Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)


CRM 153
[email sweep];
[Relativity];
[DOJ0001311]
[DOJ0001314-
Duplicative]

See also:
CRM 122
[email sweep];
[Relativity];
DOJ0001096-
Duplicative]

See also:
CRM 154
[email sweep];
[Relativity];
[DOJ0001316-
Duplicative]

Jack Smith,
PIN Section
Chief



[ ], [ ], PIN
Trial Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

December 02,
2010; December
01, 2010
Email
Description: The document
consists of eight emails and the
subject line: Re: Ensign RE:
Ensign and Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a PIN Attorneys
recommendation to PIN managers
to decline the prosecution of
Ensign. The document discusses
potential legal theories, evidence
and factual information that was
compiled by PIN Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed summary of
the evidence obtained by PIN and
how it might impact a potential
criminal prosecution, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The email message, for example,
includes factual information and
subjective analysis, in the form of
the primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
94

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages]
CRM 154
[email sweep];
[Relativity];
[DOJ0001316]

See also:
CRM 153
[email sweep];
[Relativity];
[DOJ0001311]
[DOJ0001314-
Duplicative]

See also:
CRM 122
[email sweep];
[Relativity];
DOJ0001096]


Jack Smith,
PIN Section
Chief



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief





Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] PIN Trial
Atty.
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ], PIN
Trial Atty.(s);

Jack Smith,
PIN Section
Chief; [ ], [ ],
PIN Trial
Atty.(s)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.(s);

December 02,
2010
Email
Description: The document
consists of eight emails and the
subject line: Re: Ensign RE:
Ensign and Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a PIN Attorneys
recommendation to PIN managers
to decline the prosecution of
Ensign. The document discusses
potential legal theories, evidence
and factual information that was
compiled by PIN Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed summary of
the evidence obtained by PIN and
how it might impact a potential
criminal prosecution, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The email message, for example,
includes factual information and
subjective analysis, in the form of
the primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
95

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
CRM 155
[email sweep];
[Relativity];
[DOJ0001324]




Jack Smith,
PIN Section
Chief
[ ] (USADC);
[ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief

December 03,
2010
Email
Description: The document
consists of a single email and the
subject line: Enisgn/[ ]
Schedule.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between PIN managers regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and a proposed grand jury
witness, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
reference investigation
developments and makes
reference to a proposed grand jury
witness, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 156
[email sweep];
[Relativity];
[DOJ0001325]




Jack Smith,
PIN Section
Chief
[ ], [ ],
(USADC); [ ],
[ ], PIN Trial
Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief ;
Mary Patrice
Brown
(DAAG);
Mythili
Raman
(DAAG)

December 06,
2010
Email
Description: The document
consists of a single email and the
subject line: Enisgn/[ ].
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between PIN managers regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and an issue involving witness
immunity, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
96

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
For example, the document
reference investigation
developments and makes
reference to a proposed witness
immunity issue, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level government employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 157
[email sweep];
[Relativity];
[DOJ0001326]




Jack Smith,
PIN Section
Chief
Mary Patrice
Brown
(DAAG)

December 08,
2010
Email
Description: The document
consists of four emails and the
subject line: Re and FW. The
email messages reference Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between DOJ management
regarding developments in the
prosecution of Ensign. The
document discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and a potential subject, and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document reference investigation
developments and makes
reference to a proposed subject,
and revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 158
[email sweep];
[Relativity];
[DOJ0001327];
[DOJ0001328]
Jack Smith,
PIN Section
Chief

Mary Patrice
Brown,
DAAG
December 09,
2010;
December 10,
2010
Email
Description: The document
consists of a single email with the
subject line: PIN Case List and
an attachments line: Omnibus
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
X
97

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP


case list December 2010.wpd.
The attachment at pages 9-10
references Ensign. The
attachment is a Memorandum
containing a detailed synopsis re:
Status of [PIN] Cases as of
December 2010.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a
comprehensive list of cases and
summarizes the status of those
cases and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign. Disclosure of
this material is likely to
discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 158
are deemed
non-
responsive
98

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[1-page; 20-pages]
CRM 159
[email sweep];
[Relativity];
[DOJ0001348]




Jack Smith,
PIN Section
Chief
[ ], [ ], [ ],
PIN Trial
Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
December 09,
2010
Email
Description: The document
consists of a single email and the
subject line: [ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 159
are deemed
non-
responsive
X
CRM 160
[email sweep];
[Relativity];
[DOJ0001349]




Jack Smith,
PIN Section
Chief
Mythili
Raman,
DAAG
December 16,
2010
Email
Description: The document
consists of a single email and the
subject line: Re: Lanny did
interview with NYT today on
PIN.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 160
are deemed
non-
responsive
X
CRM 161
[email sweep];
[Relativity];
[DOJ0001354];
[DOJ0001355]


Jack Smith,
PIN Section
Chief








[ ] PIN Trial
Atty.













Jack Smith,
PIN Section
Chief



[ ], [ ] PIN
Trial Atty.(s);
[ ] PIN
Deputy Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief;
[ ], [ ], [ ], [ ],
(USADC);
PIN Trial
Atty.

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ] PIN
December 23,
2010; December
22, 2010

Email
Description: The document
consists of a six emails with the
subject line: RE: Final Pros
Memo and Final Pros Memo.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains references to
the pros memo related to the
Ensign investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to charge or
prosecute Ensign and because it
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
99

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP




Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation



Jack Smith,
PIN Section
Chief







[ ] PIN Trial
Atty.
Trial Atty.(s);
[ ] PIN
Deputy Chief

Jack Smith,
PIN Section
Chief; [ ], [ ]
PIN Trial
Atty.(s); [ ]
PIN Deputy
Chief

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ] PIN
Trial Atty.(s);
[ ] PIN
Deputy Chief

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief;
[ ], [ ], [ ], [ ],
(USADC);
PIN Trial
Atty.

reflects the give-and-take by
which the government made that
decision. The document contains
factual information and subjective
analysis intended to inform a final
decision as to whether to
prosecute individuals related to
the Ensign investigation.
Disclosure of this material is
likely to discourage government
employees from keeping records
of conversations or mental
impressions related to evidence or
witnesses. Disclosure would also
likely confuse the public as to the
final basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]

CRM 162
[email sweep];
[Relativity];
[DOJ0001364]




See also:
CRM 114
[email sweep];
[Relativity];
[DOJ0001047];
[DOJ0001052-
Duplicative]



Jack Smith,
PIN Section
Chief

Patty
Stemler,
Chief,
Appellate
Section















Mary Patrice
Brown,
DAAG
[ ], [ ], PIN
Trial Atty.(s)


Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Joseph
Wyderko,
Principal
Deputy Chief,
Appellate
Section

Patty Stemler,
Chief,
Appellate
Section;
Mythili
January 24, 2011 Email
Description: The document
consists of a single email and the
subject line: Fw: [ ] and [ ].
The email contains a reference to
the Ensign investigation.
Basis for Withholding: (b)( 5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information and
legal analysis that was compiled
by DOJ attorney(s) for the
investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a discussion
about a legal charging issue that
arose during an investigation and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower
level DOJ
employees
and private
third party
individuals
have been
redacted
under (b)(6)
and (b)(7)(C)


X
100

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute Ensign and others.
Disclosure of this material is
likely to discourage government
employees from keeping records
of criminal investigations.
Disclosure would also likely
confuse the public as to the final
basis for the decision not to
prosecute, as some of the
information described in the
document may have served as a
basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the name of private
third party individual(s) who
maintains strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
CRM 163
[email sweep];
[Relativity];
[DOJ0001618]




Jack Smith,
PIN Section
Chief





Mary Patrice
Brown,
DAAG














[ ],(USADC)




Mary Patrice
Brown,
[ ], [ ], PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief;
[ ], PIN Trial
Atty.

Mary Patrice
Brown,
DAAG;
[ ](USADC)

[ ], [ ],
(USADC)
February 02, 2011 Email
Description: The document
consists of a single email and the
subject line: FW: Following up
and Following up.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between DOJ managers regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and a proposed grand jury
witness, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
reference investigation
developments and makes
reference to a proposed grand jury
witness, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
101

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
DAAG



being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
CRM 164
[email sweep];
[Relativity];
[DOJ0001867]




Jack Smith,
PIN Section
Chief

[ ] PIN Trial
Atty.


















Mary Patrice
Brown,
DAAG

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

February 08, 2011 Email
Description: The document
consists of two emails and the
subject line: RE: [ ] and [ ].
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between DOJ managers regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and a proposed grand jury
witness, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
reference investigation
developments and makes
reference to a proposed grand jury
witness, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 165
[email sweep];
[Relativity];
[DOJ0001868]




Jack Smith,
PIN Section
Chief










[ ] PIN Trial
Atty.;
Mary Patrice
Brown,
DAAG


February 10, 2011 Email
Description: The document
consists of two emails and the
subject line: Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between DOJ managers regarding
developments in the prosecution
of Ensign. The document
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
X
102

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP









discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and references a proposed grand
jury witness, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
references investigative
developments and makes
reference to a proposed grand jury
witness, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
redacted
under (b)(6)
and (b)(7)(C)


CRM 166
[email sweep];
[Relativity];
[DOJ0001869];
[DOJ0001870]





Jack Smith,
PIN Section
Chief



















[ ], PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


February 11, 2011 Email
Description: The document
consists of two emails and the
subject line: RE: Ensign [ ] and
Ensign and an attachments line:
ensign [ ].wpd.
Basis for Withholding: (b)(3)
(Grand Jury Material). The
document attachment contains a
banner headline reading:
PRIVILEGED AND
CONFIDENTIAL CONTAINS
6(e) MATERIAL.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it
consists of a communication
between DOJ managers regarding
developments in the prosecution
of Ensign. The document
discusses an aspect of
investigation and possible
criminal prosecution of Ensign
and a proposed grand jury
witness, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
reference investigation
developments and makes
reference to a proposed grand jury
witness, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
103

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page; 4-pages]
CRM 167
[email sweep];
[Relativity];
[DOJ0001874];
[DOJ0001876]


Jack Smith,
PIN Section
Chief













Mary Patrice
Brown,
DAAG










Lanny A.
Breuer, AAG














Mary Patrice
Brown,
DAAG








Mary Patrice
Brown,
DAAG;
Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

Lanny A.
Breuer, AAG;
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

Mary Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

Lanny A.
Breuer, AAG;
Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
February 14, 2011

Email
Description: The document
consists of six emails with the
subject line: RE: Ensign [ ],
Re: Ensign [ ]and Ensign [ ]
and an attachments line:
BULLET POINTS FOR
DISCUSSION ON [ ] JOHN
ENSIGN.docx.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains references to
bullet points related to the Ensign
investigation and a proposed
grand jury witness, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist
government attorneys in reaching
a decision of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute certain individuals
related to the Ensign
investigation. Disclosure of this
material is likely to discourage
government employees from
keeping records of conversations
or mental impressions related to
evidence or witnesses. Disclosure
would also likely confuse the
public as to the final basis for the
decision not to prosecute, as some
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
104

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP




Lanny A.
Breuer, AAG















Jack Smith,
PIN Section
Chief

for Litigation;
[ ] PIN Trial
Atty.

Jack Smith,
PIN Section
Chief; Mary
Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

Lanny A.
Breuer, AAG;
Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.
of the information described in
the document may have served as
a basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and private third parties, who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages; 2-pages]
CRM 168
[email sweep];
[Relativity];
[DOJ0001878];
[DOJ0001882]


Jack Smith,
PIN Section
Chief








[ ](SMO)












[ ]
legal.senate.
gov
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ], PIN
Trial Atty.(s);
Mary Patrice
Brown,
DAAG

[ ](JMD); [ ]
(SMO); Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG

[ ] (SMO)
February 15, 2011

Email
Description: The document
consists of three emails with the
subject line: FW: Immunity
notice from Senate Legal
Counsel, Immunity notice and
an attachments line: doj notify
ensign immunities ltr
021511.pdf.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document discusses prosecutorial
immunity issues related to the
Ensign investigation and further
involving a grand jury witness
and revelation of that information
would improperly disclose the
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
105

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Sen.
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute certain individuals
related to the Ensign
investigation. Disclosure of this
material is likely to discourage
government employees from
keeping records of conversations
or mental impressions related to
evidence or witnesses. Disclosure
would also likely confuse the
public as to the final basis for the
decision not to prosecute, as some
of the information described in
the document may have served as
a basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 2-pages]
CRM 169
[email sweep];
[Relativity];
[DOJ0001886];
DOJ0001885-
Duplicative];
[DOJ0001884-
Duplicative]




Jack Smith,
PIN Section
Chief





Jack Smith,
PIN Section
Chief











[ ] PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ], PIN
Trial Atty.(s)

February 17, 2011

Email
Description: The document
consists of two emails with the
subject line: Fw: Revised, Re:
Revised and Revised.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document discusses prosecutorial
charging decisions related to the
Ensign investigation, and
revelation of that information
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
106

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Jack Smith,
PIN Section
Chief











Mary Patrice
Brown,
DAAG


















Mary Patrice
Brown,
DAAG;
Mythilia
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], [ ], PIN
Trial Atty.(s)

Mythilia
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.

would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute certain individuals
related to the Ensign
investigation. Disclosure of this
material is likely to discourage
government employees from
keeping records of conversations
or mental impressions related to
evidence or witnesses. Disclosure
would also likely confuse the
public as to the final basis for the
decision not to prosecute, as some
of the information described in
the document may have served as
a basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level government
employee(s) and private third
parties, who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 170
[email sweep];
[Relativity];
[DOJ0001888]



Jack Smith,
PIN Section
Chief
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief;
[ ] PIN Trial
Atty.

February 18, 2011 Email
Description: The document
consists of a single email and the
subject line: Review Ensign GJ
Q+A.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 171
[email sweep];
[Relativity];
[DOJ0001892];
[DOJ0001890-
Jack Smith,
PIN Section
Chief


Mary Patrice
Brown,
DAAG;
Raymond
Hulser, PIN
February 23, 2011

Email
Description: The document
consists of five emails with the
subject line: RE: latest and
latest.
(b)(5)
(AWP) and
(b)(5) (DPP)

The name(s)
X
107

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Duplicative]











Jack Smith,
PIN Section
Chief











Mythilia
Raman,
DAAG









Jack Smith,
PIN Section
Chief








Mythilia
Raman,
DAAG











Principal
Deputy Atty.
for Litigation;
Mythilia
Raman,
DAAG

Mythilia
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; [ ]
PIN Deputy
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG

Mary Patrice
Brown,
DAAG; ; [ ]
PIN Deputy
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG


Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document discusses prosecutorial
charging decisions related to the
Ensign investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute
Ensign and because it reflects the
give-and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute certain individuals
related to the Ensign
investigation. Disclosure of this
material is likely to discourage
government employees from
keeping records of conversations
or mental impressions related to
evidence or witnesses. Disclosure
would also likely confuse the
public as to the final basis for the
decision not to prosecute, as some
of the information described in
the document may have served as
a basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 171
are deemed
non-
responsive
CRM 172
[email sweep];
[Relativity];
[DOJ0001891];
Jack Smith,
PIN Section
Chief

[ ], [ ], (SMO);
Raymond
Hulser, PIN
Principal
February 23, 2011

Email
Description: The document
consists of seven emails with the
subject line: RE: Follow up from
(b)(5)
(AWP) and
(b)(5) (DPP)

X
108

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[DOJ0001889-
Duplicative]












[ ] (SMO)













Jack Smith,
PIN Section
Chief











[ ] (SMO)













Deputy Atty.
for Litigation;
[ ] (ODAG);
Mythilia
Raman,
DAAG

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO);
Jack Smith,
PIN Section
Chief; [ ]
(ODAG);
Mythilia
Raman,
DAAG

Mythilia
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG;
Lanny A.
Breuer, AAG

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO);
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
[ ] (ODAG)
[ ] re: [ ] + [ ]-- and Follow up
from [ ] re: [ ] + [ ]--
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document discusses prosecutorial
charging and immunization
decisions related to the Ensign
investigation, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information in this
document is deliberative because
it includes pre-decisional material
that was compiled to assist DOJ
attorney(s) in reaching a decision
of whether to prosecute Ensign
and because it reflects the give-
and-take by which the
government made that decision.
The document contains factual
information and subjective
analysis intended to inform a final
decision as to whether to
prosecute certain individuals
related to the Ensign
investigation. Disclosure of this
material is likely to discourage
government employees from
keeping records of conversations
or mental impressions related to
evidence or witnesses. Disclosure
would also likely confuse the
public as to the final basis for the
decision not to prosecute, as some
of the information described in
the document may have served as
a basis for that decision.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 173 Jack Smith, [ ], [ ], PIN March 4, 2011 Email (b)(3) (Grand X
109

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[email sweep];
[Relativity];
[DOJ0001897]



PIN Section
Chief







[ ] PIN Trial
Atty.
Trial Atty.(s);
[ ] PIN
Deputy Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN
Deputy Chief;
[ ] PIN Trial
Atty.
Description: The document
consists of two emails and the
subject line: Re: Additional
Ensign docs and Additional
Ensign docs.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]

Jury
Material)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 174
[email sweep];
[Relativity];
[DOJ0001970]

See also:
CRM 3 (a) and
(b) [PIN
Bankers Box No.
1]


[ ], [ ], PIN
Trial Atty.(s)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief.
March 7, 2011 REVISED PROSECUTION
MEMORANDUM
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
DOJ pros memo setting forth the
detailed reasoning behind DOJs
decision recommending the
prosecution/indictment of [ ] and [
], and further declining the
prosecution of Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to decline to prosecute Ensign.
The document contains legal
theories and factual information
that was compiled by PIN Trial
Attorneys during the investigation
and possible criminal prosecution
of Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a list of the statutes that
may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
(b)(3)
(Grand Jury
Material);
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
110

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The declination memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary reason for immediate
declination. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions. Disclosure
is also likely to confuse the public
about the final basis for the
decision not to prosecute Ensign.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the REVISED
PROSECUTION
MEMORANDUM further
contains a banner reading:
CONFIDENTIAL
ATTORNEY WORK
PRODUCT CONTAINS 6(e)
MATERIAL.
[64-pages]
CRM 175
[email sweep];
[Relativity];
[DOJ0002063]


Jack Smith,
PIN Section
Chief






















Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
March 18, 2011 Email
Description: The document
consists of a single email with the
subject line: Talking Points on
[ ] / Senate Ethics.
Basis for Withholding: (b) 5
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Sen. Ensign. The
document contains factual
information that was compiled by
DOJ attorney(s) for the
investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the attorneys involved in the case.
For example, the document
discusses prosecutorial charging
decisions related to the Ensign
investigation, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 175
are deemed
non-
responsive
X
111

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP






















Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of lower-level DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page]
CRM 176
[email sweep];
[Relativity];
[DOJ0002065]



Jack Smith,
PIN Section
Chief








Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] PIN Trial
Atty.; [ ] PIN
Deputy Chief


March 23, 2011 Email
Description: The document
consists of a single email and the
subject line: FW: If you have
those [ ] cases Lanny wanted to
read, I can get [ ] to stick it in his
reading folder for his flight this
afternoon. The message
references the Ensign
investigation
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 176
are deemed
non-
responsive
X
CRM 177
[email sweep];
[Relativity];
[DOJ0002066]



Jack Smith,
PIN Section
Chief








[ ], [ ], PIN
Trial Atty.(s)
April 01, 2011 Email
Description: The document
consists of a single email and the
subject line: Fw: emergency help
needed.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 177
are deemed
non-
responsive
X
CRM 178
[email sweep];
[Relativity];
[DOJ0002088]



Jack Smith,
PIN Section
Chief




Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
April 22, 2011;
April 21, 2011
Email
Description: The document
consists of four emails and the
subject line: Re: Senate letter
RE: Senate letter and Senate
letter.
Basis for Withholding: (b)(6)
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
X
112

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP





Mythili
Raman,
DAAG








Mythili
Raman,
DAAG






Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
for Litigation;
Mary Patrice
Brown,
DAAG

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG

Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]

redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 178
are deemed
non-
responsive
CRM 179
[email sweep];
[Relativity];
[DOJ0002161]



Jack Smith,
PIN Section
Chief








[ ] PIN Trial
Atty.;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
May 24, 2011 Email
Description: The document
consists of a single email and the
subject line: Ensign Update.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 180
[email sweep];
[Relativity];
[DOJ0002162]



Jack Smith,
PIN Section
Chief








Greg Andres,
Acting DAAG
May 25, 2011 Email
Description: The document
consists of a single email and the
subject line: RE: [ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
third party individual(s).
Revealing the names of private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 180
are deemed
non-
responsive
X
CRM 181
[email sweep];
[ ] (SMO)

Raymond
Hulser, PIN
May 24, 2011 Email
Description: The document
The name(s)
and personal
X
113

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[Relativity];
[DOJ0000896]









Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ], [ ],
PIN Trial
Atty.(s); [ ]
(SMO)
consists of a single email and the
subject line: Previous case where
weve charged 18 U.S.C.
207(e)(2).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 182
[email sweep];
[Relativity];
[DOJ0000901]



[ ] (SMO)







Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (USACT);
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; [ ]
(SMO)
April 21, 2011 Email
Description: The document
consists of a single email and the
subject line: FYI Politico on
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
DOJ Employee(s) and private
third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 183
[email sweep];
[Relativity];
[DOJ0000902]



[ ] (SMO)







Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)
May 13, 2011 Email
Description: The document
consists of a single email and the
subject line: Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 184
[email sweep];
[Relativity];
[DOJ0000903]
[Duplicative of
CRM 185]


[ ] (SMO)







Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)
May 13, 2011 Email
Description: The document
consists of a single email and the
subject line: Question from Post
re: Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
114

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[1-page]
CRM 185
[email sweep];
[Relativity];
[DOJ0000903]
a[Duplicative of
CRM 184]



[ ] (SMO)







Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)
May 13, 2011 Email
Description: The document
consists of a single email and the
subject line: Question from Post
re: Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 186
[email sweep];
[Relativity];
[DOJ0000905];
[DOJ0000904-
Duplicative of
CRM 188]



[ ] (SMO)





Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation







[ ] (SMO)















[ ] (SMO)



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] (SMO);
Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief

Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
May 26, 2011 Email
Description: The document
consists of three emails and the
subject line: RE: FYI-Ensign
and FYI- Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
115

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
for Litigation
CRM 187
[email sweep];
[Relativity];
[DOJ0000908]



[ ] (SMO)









[ ]
@nytimes.
com
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ]
SMO

[ ] (SMO)

November 19,
2010
Email
Description: The document
consists of a single email and the
subject line: FW: Ensign and
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
third party private individual(s).
Revealing the names of lower-
level DOJ employee(s) and third
party private individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 188
[email sweep];
[Relativity];
[DOJ0000905];
[DOJ0000904-
Duplicative of
CRM 186]



[ ] (SMO)





Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation







[ ] (SMO)















[ ] (SMO)



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] (SMO);
Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief

Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
May 26, 2011 Email
Description: The document
consists of three emails and the
subject line: RE: FYI-Ensign
and FYI- Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
116

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Deputy Atty.
for Litigation
CRM 189
[email sweep];
[Relativity];
[DOJ0001301];
[DOJ0001300-
Duplicative];
[DOJ0000914-
Duplicative];
DOJ0000909]



[ ] (SMO)













Jack Smith,
PIN Section
Chief








[ ] (SMO)












Jack Smith,
PIN Section
Chief








[ ] (SMO)


Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO); [ ],
[ ], PIN Trial
Atty.(s)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)
December 01,
2010; December
02, 2010
Email
Description: The document
consists of five emails and the
subject line: RE: Ensign Re:
Ensign and Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ Trial
Attorneys for the investigation
and possible criminal prosecution
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document discusses
the ongoing investigation of a
target and further references a
potential grand jury witness, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[6-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 190
[email sweep];
[Relativity];
Jack Smith,
PIN Section
Chief
[ ], [ ], PIN
Trial Atty.(s)

December 01,
2010
Email
Description: The document
consists of four emails and the
The name(s)
and personal
information
X
117

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[DOJ00001303]




[ ] (SMO)





[ ]
cbsnews.com

[ ] press
personality


Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG

[ ] (SMO)


[ ], [ ], [ ], [ ],
[ ], [ ], [ ], [ ]
misc. press
personalities

subject line: FW: Sen. Ensigns
office says he is no longer target
of DOJ investigation into attempt
to coverup affair with former
aide, Fw: Sen. Ensigns office
says he is no longer target of DOJ
investigation into attempt to
coverup affair with former aide
and Sen. Ensigns office says he
is no longer target of DOJ
investigation into attempt to
coverup affair with former aide.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[2-pages]
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 191
[email sweep];
[Relativity];
[DOJ00001614]



Jack Smith,
PIN Section
Chief





[ ] (SMO)









[ ],
@rollcall.
com
[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)

[ ] (SMO)

February 01, 2011 Email
Description: The document
consists of three emails and the
subject line: RE: Ensign, FW:
Ensign and Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 192
[email sweep];
[Relativity];
[DOJ00000862];
[DOJ00000870-
Duplicative]















8/9/10 PIN Talking Points Talking
Points 8/9/10
Description: The document
consists of PIN Talking Points
prepared for Jack Smith, PIN
Section Chief. The talking points
reference the Ensign
investigation.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names of private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[3-pages; 3-pages]
The name(s)
and personal
information
of third party
private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 192
are deemed
non-
responsive
X
118

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 193
[email sweep];
[Relativity];
[DOJ0000023]



[ ]@ap.org










[ ] (SMO);
Jack Smith,
PIN Section
Chief

August 28, 2010 Email
Description: The document
consists of a single email and the
subject line: Latest.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 194
[email sweep];
[Relativity];
[DOJ0001099]



Jack Smith,
PIN Section
Chief









Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation




Jack Smith,
PIN Section
Chief









Mythili
Raman,
DAAG









[ ] (SMO)



Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG

Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG

Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG

Mythili
Raman,
DAAG;
Lanny A.
March 17, 2011;
March 16, 2011
Email
Description: The document
consists of six emails and the
subject line: Re: Senate Ethics
Committee re: Ensign, et al,
RE: Senate Ethics Committee re:
Ensign, et al, FW: Senate Ethics
Committee re: Ensign, et al and
Senate Ethics Committee.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the attorneys involved in the case.
For example, the document
discusses the ongoing
investigation of target(s) of the
investigation, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level employee(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
119

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP

















[ ], SSCE
Breuer, AAG;
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Ron Weich,
DAAG;
[ ](SMO);
[ ](JMD)
(SMO);
[ ]
(OLA)(SMO)

[ ](SMO); [ ],
SSCE; [ ]
CRM 195
[email sweep];
[Relativity];
[DOJ0000886]



[ ] (SMO)




















[ ](SMO)
















[ ](SMO)








[ ] (SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA)
(SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; Mary
Patrice
Brown,
DAAG

[ ](SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ](SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
March 24, 2011 Email
Description: The document
consists of ten emails and the
subject line: RE: Senate Ethics /
Ensign matter Could someone
please send us the indictment just
before you release it to the press
or make the announcement/,
FW: Senate Ethics / Ensign
matter Could someone please
send us the indictment just before
you release it to the press or make
the announcement/, RE: Senate
Ethics / Ensign matter and
Senate Ethics / Ensign matter --.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
DOJ Employee(s) and private
third party private individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[3-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
120

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP








[ ](SMO)
















[ ](SMO)
















Mythili
Raman,
DAAG














[ ](SMO)






Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ](SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ](SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ](SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ](SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
121

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP


[ ](SMO)







[ ](SMO)



Ron Weich,
DAAG

(OLA)

Mythili
Raman,
DAAG; [ ]
(SMO), Ron
Weich,
DAAG; [ ]
(OLA)

Ron Weich,
DAAG; [ ]
(OLA)

[ ](SMO);
[ ](OLA)
CRM 196
[email sweep];
[Relativity];
[DOJ0000899];
[DOJ0000897]





[ ] (SMO)
















[ ] (SMO)
















[ ] (SMO)














[ ] (SMO);
Mythili
Raman,
DAAG; [ ]
(SMO) Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ] (SMO);
Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA)
(SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
March 24, 2011 Email
Description: The document
consists of eight emails and the
subject line: RE: Senate Ethics /
Ensign matter Could someone
please send us the indictment just
before you release it to the press
or make the announcement/,
FW: Senate Ethics / Ensign
matter Could someone please
send us the indictment just before
you release it to the press or make
the announcement/, RE: Senate
Ethics / Ensign matter and
Senate Ethics / Ensign matter --.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower- level DOJ employee(s) and
third party private individual(s).
Revealing the names of lower-
level government employee(s)
and third party private
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
122

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP


Mythili
Raman,
DAAG










[ ](SMO)





[ ](SMO)







[ ](SMO)



Ron Weich,
DAAG
Chief

[ ], [ ] (SMO);
Ron Weich,
DAAG;
[ ](OLA);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

[ ](SMO); [ ]
(OLA)(SMO);
Ron Weich,
DAAG;
[ ](SMO)

Mythili
Raman,
DAAG; [ ]
(SMO); Ron
Weich,
DAAG; [ ]
(OLA)

Ron Weich,
DAAG; [ ]
(OLA)

[ ](SMO); [ ]
(OLA)
CRM 197
[email sweep];
[Relativity];
[DOJ0000891]



[ ] (SMO)














Mary Patrice
Brown,
DAAG










[ ] (SMO)


Mary Patrice
Brown,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG;
[ ](SMO)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG;
[ ](SMO)

Raymond
Hulser, PIN
Principal
May 12, 2011 Email
Description: The document
consists of seven emails and the
subject line: RE: Senate Ethics
Referral to DOJ re Ensign will
become public at 2:30 pm today,
along with Special Counsels
report on same topic, FW:
Senate Ethics Referral to DOJ re
Ensign will become public at 2:30
pm today, along with Special
Counsels report on same topic
and Senate Ethics Referral to
DOJ re Ensign will become public
at 2:30 pm today, along with
Special Counsels report on same
topic.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower DOJ employee(s) and third
party private individual(s).
Revealing the names of lower-
level government employee(s)
and third party private
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
123

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP












Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation







Mythili
Raman,
DAAG











[ ] (SMO)












[ ] (SMO)













Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG;
[ ](SMO);
Mary Patrice
Brown,
DAAG

Mythili
Raman,
DAAG;
[ ](SMO);
Jack Smith,
PIN Section
Chief; [ ]
(SMO); Mary
Patrice
Brown,
DAAG

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ]
(SMO); Mary
Patrice
Brown,
DAAG

Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ]
(SMO)

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO); [ ]
(ODAG); Ron
Weich,
DAAG; [ ]
(OLA); [ ]
(JMD)

124

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 198
[email sweep];
[Relativity];
[DOJ0000893]



[ ] (SMO)















Mary Patrice
Brown,
DAAG











[ ] (SMO)















Mary Patrice
Brown,
DAAG











[ ] (CRM)





Mary Patrice
Brown,
DAAG; [ ]
(SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG; [ ]
(CRM)

[ ] (SMO); [ ]
(SMO);
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (CRM)

Mary Patrice
Brown,
DAAG; [ ]
(SMO);
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (CRM)

[ ] (SMO); [ ]
(SMO);
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (CRM)

Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG
May 13, 2011 Email
Description: The document
consists of ten emails and the
subject line: RE: Ensign, FW:
Ensign and Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party private
individual(s). Revealing the
names of lower-level DOJ
employee(s) and third party
private individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and third
party private
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
125

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP

Mary Patrice
Brown,
DAAG


[ ] (CRM)






Mary Patrice
Brown,
DAAG


Mary Patrice
Brown,
DAAG










[ ] (SMO)

[ ] (CRM);
Mythili
Raman,
DAAG

Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG

[ ] (CRM);
Mythili
Raman,
DAAG

[ ](SMO);
Mythili
Raman,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)

Mythili
Raman,
DAAG; Mary
Patrice
Brown,
DAAG; Jack
Smith, PIN
Section Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
CRM 199
[email sweep];
[Relativity];
[DOJ0000895]



[ ] (SMO)







Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mary Patrice
Brown,
DAAG;
Mythili
Raman,
DAAG; [ ]
(SMO)
June 07, 2011 Email
Description: The document
consists of a single email and the
subject line: Wash Post on PIN.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 200
[email sweep];
[Relativity];
[DOJ0000907];
[DOJ0000906-
[ ] (SMO)


[ ] (SMO)

[ ] (SMO); [ ]
(USACT)

[ ] (USACT);
Raymond
June 02, 2011;
June 01, 2011
Email
Description: The document
consists of three emails and the
subject line: RE: [ ], [ ] and
[ ] freelancer writing for the
The name(s)
and personal
information
of lower-
level DOJ
X
126

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Duplicative]








[ ] (SMO)

Hulser, PIN
Principal
Deputy Atty.
for Litigation

[ ] (SMO)
Atlantic / 202[ ]/[ ]@gmail.com.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]

employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 201
[email sweep];
[Relativity];
[DOJ0000910]




[ ] (SMO)












Jack Smith,
PIN Section
Chief








[ ] (SMO)












Jack Smith,
PIN Section
Chief








[ ] (SMO)
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
December 01,
2010
Email
Description: The document
consists of five emails and the
subject line: RE: Ensign Re:
Ensign and Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references a potential
grand jury witness, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]

(b) (3)
(Grand Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
127

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)
CRM 202
[email sweep];
[Relativity];
[DOJ0000912]



[ ] (SMO)












Jack Smith,
PIN Section
Chief









[ ] CREW

Jack Smith,
PIN Section
Chief; Lanny
A. Breuer,
AAG; Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

Lanny A.
Breuer, AAG;
Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)

Lanny A.
Breuer, AAG
December 01,
2010
Email
Description: The document
consists of four emails and the
subject line: Re: Not that it
matters much, Fw: Not that it
matters much, and Not that it
matters much,[.]
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 202
are deemed
non-
responsive
X
CRM 203
[email sweep];
[Relativity];
[DOJ0000914]



[ ] (SMO)













Jack Smith,
PIN Section
Chief










Mythili
Raman,
DAAG
Jack Smith,
PIN Section
Chief; Mythili
Raman,
DAAG;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO); [ ],
[ ] PIN Trial
Atty.(s).

Mythili
Raman,
DAAG; [ ]
(SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO); [ ],
[ ] PIN Trial
Atty.(s).

Jack Smith,
PIN Section
Chief; [ ]
December 02,
2010; December
01, 2010
Email
Description: The document
consists of five emails and the
subject line: RE: Ensign, Re:
Ensign and Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references both a
potential grand jury investigative
target and a grand jury witness,
and revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
(b) (3)
(Grand Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
128

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP








Jack Smith,
PIN Section
Chief








[ ] (SMO)
(SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] (SMO)

[ ] (SMO);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG; [ ]
(SMO)

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Mythili
Raman,
DAAG, [ ]
(SMO)
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]

CRM 204
[email sweep];
[Relativity];
[DOJ0000916];
[DOJ0000915-
Duplicative]



[ ] (SMO)


[ ] PIN Trial
Atty.


[ ] (SMO)


[ ] PIN Trial
Atty.


[ ] (SMO)


[ ] PIN Trial
Atty.



[ ], [ ], PIN
Trial Atty.(s).

[ ] (SMO); [ ]
PIN Trial
Atty.

[ ], [ ], PIN
Trial Atty.(s).

[ ] (SMO); [ ]
PIN Trial
Atty.

[ ], [ ], PIN
Trial Atty.(s).

[ ] (SMO); [ ]
PIN Trial
Atty.

March 23, 2011 Email
Description: The document
consists of six emails and the
subject line: RE: Indictment
return anticipated tomorrow and
Indictment return anticipated
tomorrow.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references a potential
grand jury investigative target,
and revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
(b) (3)
(Grand Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
129

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
would not be justified by any
ascertainable public interest.
[2-pages; 1-page]
CRM 205
[email sweep];
[Relativity];
[DOJ0000918]



[ ] (SMO)











[ ] (SMO)











[ ]@alm.com
[ ], [ ] PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ]
(SMO)

[ ], [ ] PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief; [ ]
(SMO)

[ ] (SMO)
October 21, 2010 Email
Description: The document
consists of four emails and the
subject line: RE:[ ], FW: [ ]
and [ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[3-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 205
are deemed
non-
responsive
X
CRM 206
[email sweep];
[Relativity];
[DOJ0000923]



[ ] (SMO)







[ ] (SMO) June 01, 2011 Email
Description: The document
consists of a single email and the
subject line: [ ] / freelancer
writing for the Atlantic / 202[ ] /
[ ]@gmail.com.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 206
are deemed
non-
responsive
X
CRM 207
[email sweep]
[DOJ----------]
[Duplicative of
CRM 212
[DOJ0033578]




[ ] (FBI)




[ ] PIN Trial
Atty.


[ ] (FBI)



[ ] PIN Trial
Atty.; [ ]
(USADC); [ ]
FBI

[ ] (FBI); [ ],
[ ] (USADC);
[ ] (FBI)

[ ] PIN Trial
Atty.; [ ]
(USADC); [ ]
FBI

February 12, 2010 Email
Description: The document
consists of three emails and the
subject line: RE: ENSIGN
INVESTIGATION
SCHEDULE and ENSIGN
INVESTIGATION
SCHEDULE.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
(b) (3)
(Grand Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 207
X
130

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references grand jury
subpoenas, scheduled interviews
of both witnesses and a subject of
the grand jury investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
were referred
by CRM to
the FBI
CRM 208
[email sweep]
[DOJ0001097]



Jack Smith,
PIN Section
Chief




[ ] (FBI);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation
December 02,
2010
Email
Description: The document
consists of two emails and the
subject line: Re: Ensign and
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 209
[email sweep]
[DOJ0001320]



Jack Smith,
PIN Section
Chief







[ ] (USADC)








[ ] (USADC)


[ ] (FBI)





[ ] (USADC);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ](USADC);
[ ], [ ] PIN
Trial Atty.(s).

Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;

[ ] (FBI)


[ ], [ ] PIN
Trial Atty.(s);
[ ], [ ]
(USADC); [ ],
[ ], [ ], [ ] (FBI

December 02,
2010; December
01, 2010
Email
Description: The document
consists of seven emails and the
subject line: RE: [ ]Flash
Ensigns lawyers say he is no
longer target of DOJ probe,Fw:
[ ]Flash Ensigns lawyers say he
is no longer target of DOJ probe,
FW: [ ]Flash Ensigns lawyers
say he is no longer target of DOJ
probe and [ ]Flash Ensigns
lawyers say he is no longer target
of DOJ probe.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references legal
strategy with respect to a subject
(b) (5) AWP

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 209
were referred
by CRM to
the FBI and
EOUSA
X
131

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[ ]@
hotmail.com


[ ]@live.com



[ ]gmail.com

[ ] (FBI)



[ ]@
hotmail.com


[ ]
lyris.greenspu
nmedia.com
of the grand jury investigation,
and revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[3-pages]
CRM 210
[email sweep]
[DOJ0006840]



[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] (FBI)


[ ] (FBI)
August 17, 2010 Email
Description: The document
consists of six emails and the
subject line: RE: ENSIGN
DOCUMENT RETURN FROM
[ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level government employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 210
were referred
by CRM to
the FBI
X
CRM 211
[email sweep]
[DOJ0033559]



[ ] PIN Trial
Atty.



[ ] (FBI);
[ ], [ ]
(USADC)




April 5, 2010 Email
Description: The document
consists of six emails and the
subject line: RE: ENSIGN
Status Update.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[3-pages]
(b)(3) Grand
Jury Material

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 211
were referred
by CRM to
the FBI
X
CRM 212
[email sweep]
[DOJ0033578]
[Duplicative of
CRM 207]
[DOJ----------]

[ ] (FBI)




[ ] PIN Trial
Atty.
[ ] PIN Trial
Atty.; [ ]
(USADC); [ ]
FBI

[ ] (FBI); [ ],
[ ] (USADC);
February 12, 2010 Email
Description: The document
consists of three emails and the
subject line: RE: ENSIGN
INVESTIGATION
SCHEDULE and ENSIGN
INVESTIGATION
(b) (3)
(Grand Jury
Material);
(b)(5)
(AWP)

The name(s)
X
132

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP






[ ] (FBI)



[ ] (FBI)

[ ] PIN Trial
Atty.; [ ]
(USADC); [ ]
FBI

SCHEDULE.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references grand jury
subpoenas, scheduled interviews
of both witnesses and a subject of
the grand jury investigation, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[2-pages]
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 212
were referred
by CRM to
the FBI
CRM 213
[email sweep]
[DOJ0032310]



[ ] (FBI)



Jack Smith,
PIN Section
Chief



December 02,
2010
Email
Description: The document
consists of a single email and the
subject line: Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 214
[email sweep]
[DOJ0007084]



[ ] PIN Trial
Atty.



[ ], [ ], [ ], [ ],
(FBI);
[ ] (USADC);
[ ] PIN Trial
Atty.





November 21,
2010
Email
Description: The document
consists of three emails and the
subject line: Re: Google Alert
John Ensign and [ ].
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
X
133

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
interests, would not be justified by
any ascertainable public interest.
[1-page]

CRM 214
were referred
by CRM to
the FBI
CRM 215
[EOUSA referral
to CRM]
[ ] (Ensign
Employee)
All
Employees
and Office
Personnel
(Ensign
Senate Office)
October 13, 2009 MEMORANDUM
Subject: Re: Important Notice
Regarding Document Retention
Procedures.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names of private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 216
[EOUSA referral
to CRM]
Raymond
Hulser, PIN
Acting
Chief; [ ]
PIN Trial
Atty.
[ ], Esq.,
Senate Legal
Counsel
December 23,
2009
LTR (draft)
Subject: Re: Request for
Documents from the Office of
U.S. Senator John Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of lower-
level DOJ employee(s) and
private third party individual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 217(A) and
(B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ] December 23,
2009
LTR (signed) & LTR (draft)
Subject: Re: Request for
Documents.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages; 2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 218(A) and
(B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ] December 23,
2009
LTR (signed) & LTR (draft)
Subject: Re: Request for
Documents.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
134

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[2-pages; 2-pages]
CRM 219(A) and
(B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ] December 23,
2009
LTR (signed) & LTR (draft)
Subject: Re: Request for
Documents.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages; 2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 220(A) and
(B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ] December 23,
2009
LTR (signed)
Subject: Re: Request for
Documents.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 221
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ] June 21, 2010 LTR (draft)
Subject: Re: Request for
Documents from the Office of
U.S. Senator XX.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 222
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief

Jack Smith,
PIN Section
Chief




Jack Smith,
PIN Section
Chief; [ ], [ ]
PIN Trial
Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation

June 8, 2010; June
03, 2010
Email
Description: The document
consists of two emails and the
subject line: FW: ENSIGN
weekly mtg and ENSIGN
weekly mtg.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
The name(s)
and personal
information
of lower-
level DOJ
employee(s),
have been
redacted
under (b)(6)
and (b)(7)(C)


X
135

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
CRM 223
[EOUSA referral
to CRM]
[ ] PIN Trial
Atty.


[ ] PIN Trial
Atty.

[ ] (USADC)


Google
Alerts
[ ] (USADC);
[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ], [ ] PIN
Trial Atty.(s).

[ ] (USADC)
August 03, 2010 Email
Description: The document
consists of four emails and the
subject line: Fw: Google Alert
Ensign, FW: Google Alert
Ensign and Google Alert
Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of DOJ
employee(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 223
are deemed
non-
responsive
X
CRM 224
[EOUSA referral
to CRM]
[ ] PIN Trial
Atty.







Google
Alerts
[ ] (USADC);
[ ], [ ] FBI;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ] FBI

[ ] PIN Trial
Atty.

March 18, 2010 Email
Description: The document
consists of four emails and the
subject line: Fw: Google Alert
john ensign, and Google Alert
john ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of DOJ
employee(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 224
are deemed
non-
responsive
X
136

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 225
[EOUSA referral
to CRM]


[ ] PIN Trial
Atty.

Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation


[ ] (USADC)

[ ] (USADC)


[ ] (USADC);
[ ], [ ] PIN
Trial Atty.(s);
Jack Smith,
PIN Section
Chief

[ ], [ ] PIN
Trial Atty.(s);
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
Jack Smith,
PIN Section
Chief

June 22, 2010 Email
Description: The document
consists of three emails and the
subject line: FW: Letter
requests, RE: Letter requests
and Letter requests.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references the contents
of request letters sent to certain
U.S. Senators by DOJ seeking
evidence related to the Ensign
investigation, and release of such
information would
improperlydisclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 226
[EOUSA referral
to CRM]
[ ] PIN Trial
Atty.




[ ] PIN Trial
Atty.


Ray Hulser,
PIN Principal
Deputy Atty.
for Litigation;
[ ] (USADC)

[ ] Private
Legal
Counsel; [ ]
(legal.senate)
January 05, 2010 Email
Description: The document
consists of two emails and the
subject line: FW: Request for
Documents and Request for
Documents and attachment line:
Request for Documents from
Senator Ensign 1-5-2010.pdf.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[1-page]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 227
[EOUSA referral
to CRM]
[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

[ ] (USADC);
[ ], [ ] FBI

[ ], [ ] Private
Legal Counsel

February 19, 2010 Email
Description: The document
consists of three emails and the
subject line: FW: Senator
Ensign, RE: Senator Ensign
and Senator Ensign.
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
X
137

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[ ] Private
Legal
Counsel
[ ] PIN Trial
Atty.; [ ]
Private Legal
Counsel

Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 228
[EOUSA referral
to CRM]
[ ] PIN Trial
Atty.

[ ] FBI


[ ] FBI

[ ] (USADC)


[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.

January 06, 2010;
December 07,
2009
Email
Description: The document
consists of three emails and the
subject line: FW: SENATOR
ENSIGN INVESTIGATION
Possible Email Hosting
Companies, RE: SENATOR
ENSIGN INVESTIGATION
Possible Email Hosting
Companies and SENATOR
ENSIGN INVESTIGATION
Possible Email Hosting
Companies.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 229
[EOUSA referral
to CRM]
[ ] PIN Trial
Atty.
[ ] (USADC);
[ ] PIN Trial
Atty.
June 07, 2010 Email
Description: The document
consists of a single email and the
subject line: Proposed Final List
of Search Terms -6-7-2010 and
an attachment line: Proposed
Final List of Search Terms -6-7-
2010.docx
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
also being withheld in part to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[1-page; 10-page attachment]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 230
[EOUSA referral
to CRM]


[ ] PIN Trial
Atty.


FILE


May 26, 2011 Memorandum
Description: The document
references: Handling of
Materials Received from SSCE
related to Senator John Ensign.
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)
X
138

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references the contents
of SSCE investigatory documents
obtained by DOJ, and release of
such information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the Memorandum
contains a banner reading:
CONFIDENTIAL [-]
ATTORNEY WORK
PRODUCT [-] CONTAINS 6(e)
MATERIAL.
[3-pages]

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 231
[EOUSA referral
to CRM]



[ ] PIN
Paralegal


FILE


May 27, 2011 Memorandum
Description: The document
references:Receipt of Material
from the Senate Select Committee
on Ethics.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references the contents
of SSCE investigatory documents
obtained by DOJ, and release of
such information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
139

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the Memorandum
contains a banner reading:
CONFIDENTIAL [-]
ATTORNEY WORK
PRODUCT [-] CONTAINS 6(e)
MATERIAL.
[3-pages]
CRM 232
[EOUSA referral
to CRM]



Unidentified
DOJ attorney
and/or case
agent


Unknown

Undated Weekly Meeting Progress
Report week of September 7,
2010
Description: The document
contains a summary of the
governments investigative
strategy related to Ensign and
others.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ attorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references documents
reviewed, witnesses interviewed,
grand jury information, etc., and
release of such information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the Memorandum
contains a banner reading:
[2-pages]
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 233
[EOUSA referral
to CRM]



Unidentified
DOJ attorney
and/or case
agent


Unknown

Undated Weekly Meeting Progress
Report week of September 7,
2010
Description: The document
contains a summary of the
governments investigative
strategy related to Ensign and
others.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(b)(3) (Grand
Jury
Material);
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
X
140

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
involving Ensign. The document
contains factual information that
was compiled by DOJ atorney(s)
for the investigation and possible
criminal prosecution and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document references documents
reviewed, witnesses interviewed,
grand jury information, etc., and
release of such information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s).
Revealing the names of lower-
level DOJ employee(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Note: Page 1 of the Memorandum
contains a banner reading:
[2-pages]
employee(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


CRM 234 (A)
and (B)
[EOUSA referral
to CRM]

[email sweep];
[Clearwell];
[page 1925-1947
of 7508] (23-
pages)

[email sweep];
[Clearwell];
[page 1952-1963
of 7508] (12-
pages)
[ ], [ ], PIN
Trial
Atty.(s); [ ]
(USADC)
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief
June 24, 2011;
June 25,2011
SUPPLEMENTAL
PROSECUTION
MEMORANDUM
Subject: Supplemental
Memorandum Regarding
Prosecution as to [ ] and former
U.S. Senator John Ensign.
Description: The document is a
supplemental prosecution memo
setting forth the detailed
reasoning behind DOJs decision
recommending the
prosecution/indictment of [ ] and
former U.S. Senator John Ensign.
The document is a draft
instrument and it appears to be
incomplete.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to approve the prosecution of [ ]
and former U.S. Senator John
Ensign. The document contains
legal theories and factual
information that was compiled by
PIN attorney(s) and an AUSA
during the investigation and
possible criminal prosecution of
(b)(3)
(Grand Jury
Material);
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
141

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a list of the statutes and
details the evidence that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The supplemental prosecution
memo, for example, includes
factual information and subjective
analysis, in the form of the
primary justifications for
indictment of [ ] and former U.S.
Senator John Ensign. Disclosure
of this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest. The
first page of the
SUPPLEMENTAL
PROSECUTION
MEMORANDUM has a banner
headline reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL.
[13-pages]

Excerpt from Supplemental
Memo 6-25-20011.doc. for
Printed Item: 3815 (Attachment
1 of 1)
Description: The document
appears to be an excerpt from the
supplemental prosecution memo
discussed above which sets forth
142

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
the detailed reasoning behind
DOJs decision recommending
the prosecution/indictment of [ ]
and former U.S. Senator John
Ensign. The document is a
draft instrument and it appears
to be incomplete.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to approve the prosecution of [ ]
and former U.S. Senator John
Ensign. The document contains
legal theories and factual
information that was compiled by
PIN attorney(s) and an AUSA
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a list of the statutes and
details the evidence that may be
used in any possible criminal
prosecution, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The supplemental prosecution
memo, for example, includes
factual information and subjective
analysis, in the form of the
primary justifications for
indictment of [ ] and former U.S.
Senator John Ensign. Disclosure
of this deliberative material could
likely chill the open sharing of
thoughts and impressions of
ongoing criminal prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
143

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
of private third party ndividual(s),
who maintain strong privacy
interests, would not be justified by
any ascertainable public interest.
[12-pages]
CRM 235
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

Unknown Created: 9/16/10 CaseMap Objects Persons
Report
Subject: Case: Stars and Stripes
Description: The document
is a case-tracker software utilized
and designed to identify all
individuals involved in the Ensign
investigation. The document lists
the individual(s) name and their
role in the case, including
documents they may have
authored, documents received
from certain individual(s), etc.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to approve the prosecution of [ ]
and former U.S. Senator John
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s) and
case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the attorneys
involved in the case. For
example, the document contains a
list of the individuals involved in
the investigation, their role and
references documents authored by
the individual(s), etc., and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist policy-makers
in reaching a decision as to
whether to prosecute Ensign and
because it reflects the give-and-
take process by which the
government reached that decision.
The supplemental prosecution
memo, for example, includes
factual information and subjective
analysis, in the form of the
primary justifications for
indictment of [ ] and former U.S.
Senator John Ensign. Disclosure
of this deliberative material could
likely chill the open sharing of
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
144

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
thoughts and impressions of
ongoing criminal prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[ 6-pages]
CRM 236
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

Unknown Undated TIMELINE
Subject: The document is a
timeline of events related to the
affair involving Ensign.
Description: The document is
consistent with something drafted
and created by a DOJ attorney
and/or case agent, and used as a
litigation tool. The document
contains multiple references to
Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s) and
case agents during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed timeline of the affair
involving Ensign and would have
been a useful tool for a prosecutor
or investigator as a chronological
device or for summarizing key
events connected to the case, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[10-pages]
(b) (5)
(AWP)


The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
CRM 237 (A), (B)
and (C)
Unidentified
DOJ attorney
Unknown Undated 241033 Money
Subject: The document tracks
(b) (5)
(AWP)
X
145

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[EOUSA referral
to CRM]
and/or case
agent

money and salary involving [ ]
and [ ].
Description: The document is
consistent with something drafted
and created by a DOJ attorney
and/or case agent, and used as a
litigation tool. The document
contains multiple references to
Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s) and
case agents during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed timeline of the affair
involving Ensign and would have
been a useful tool for a prosecutor
or investigator as a chronological
device or for summarizing key
events connected to the case, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]

[ ] and [ ]
Subject: The documents relate to
a subject [ ] and a witness [ ]
involved in the Ensign
investigation.
Description: The documents are
consistent with something drafted
and created by a DOJ attorney
and/or case agent, and used as a
litigation tool. The documents
contain multiple references to
Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


146

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
compiled by DOJ attorney(s) and
case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed description of
background information
pertaining to [ ], a subject and [ ],
a witness to the Ensign
investigation and the documents
would be useful tools for a
prosecutor or investigator
summarizing key facts about [ ] a
subject and [ ] a witness
connected to the Ensign
investigation, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
[2-pages]
CRM 238
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

AAG Undated Briefing for the AAG
(Stars & Stripes)
Subject: The document is a
briefing prepared for the AAG
and overviews the Ensign
investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney(s)
in preparation for briefing the
AAG about the status of the
investigation. The document
contains multiple references to
Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed background of
the affair involving Ensign,
discusses potential criminal
charges and references grand jury
information, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
(b) (5)
(AWP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
147

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[7-pages]
CRM 239
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

Undated ENSIGN QUESTIONS
Subject: The document is a list
of interview/proffer questions
prepared for Ensign and which
pertain to the underlying
investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney(s)
in anticipation of an interview
and/or proffer involving Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed list of
questions prepared for Ensign
which relate to the underlying
investigation of Ensign and
others, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
(b) (5)
(AWP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
CRM 240
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 1/29/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
(b) (5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
X
148

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document constitutes
AWP because it was created in
anticipation of litigation related to
the investigation of Ensign. The
document contains factual
information that was compiled by
DOJ attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document contains a
detailed laundry list of tasks that
need to be completed by DOJ
attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
redacted
under (b)(6)
& (b)(7)(C)


CRM 241
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 3/12/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
149

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
For example, the document
contains a detailed laundry list of
tasks that need to be completed by
DOJ attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[4-pages]
CRM 242
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 3/19/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed laundry list of
tasks that need to be completed by
DOJ attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
150

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[4-pages]
CRM 243(A), (B)
and (C)
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 4/2/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed laundry list of
tasks that need to be completed by
DOJ attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[5-pages; 5-pages; 6-pages]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
CRM 244
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 5/14/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
X
151

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed laundry list of
tasks that need to be completed by
DOJ attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[5-pages]
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


CRM 245
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 5/24/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
152

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed laundry list of
tasks that need to be completed by
DOJ attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[7-pages]
CRM 246
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 8/7/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains a detailed laundry list of
tasks that need to be completed by
DOJ attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the DOJ
attorneys legal strategy.
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
153

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[9-pages]
CRM 247
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
(As of 9/3/2010) To Do List Ensign
Investigation
Subject: The document is a
working copy of a list of things or
tasks yet to be done, which was
created for use by attorneys and
agents during the Ensign
investigation.
Description: The document is
consistent with something drafted/
created by DOJ attorney(s), which
references specific tasks that
needed to be completed to keep
the investigation moving forward.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the attorneys
involved in the case. For
example, the document contains a
detailed laundry list of tasks that
need to be completed by DOJ
attorney(s) and case agent(s)
involved in the investigation of
Ensign and others, and revelation
of that information would
improperly disclose the attorneys
legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[9-pages]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
CRM 248 Unidentified DOJ week of June 14, Weekly Meeting Progress (b)(5) X
154

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[EOUSA referral
to CRM]
DOJ attorney
and/or case
agent

attorney(s)
and/or case
agent
2010 Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


CRM 249
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of June 21,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
X
155

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


CRM 250
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of June 28,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
156

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Ensign. The document contains
factual information that was
compiled by DOJ Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 251
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of July 5,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
157

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 252
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of July 12,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ Attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
158

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 253
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of July 26,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
159

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 254
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of August 2,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
and created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
CRM 255
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of August 9,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
(b)(5)
(AWP)

The name(s)
and personal
X
160

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Description: The document is
consistent with something drafted
or created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


CRM 256
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of
September 7, 2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
or created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
X
161

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
& (b)(7)(C)


CRM 257
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
week of July 19,
2010
Weekly Meeting Progress
Report
Subject: The document is a
progress report created for the
Ensign investigation.
Description: The document is
consistent with something drafted
or created by a DOJ attorney and
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
162

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 258
[EOUSA referral
to CRM]
[ ], PIN Trial
Attorney
DOJ
attorney(s)
and/or case
agent
Friday, October
29, 2010
Stars and Stripes [-] 39 Facts
Linked To Object: [ ]
Subject: The document is an
(email) date/time, fact text and
source text tool.
Description: The document is
consistent with something drafted
or created by a DOJ attorney and
summarizes the case evidence
which was obtained pursuant to
grand jury subpoena(s). The
document contains numerous
references to Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
summarizes the investigative
strategy; what needs to be
accomplished; major investigative
steps; issues where supervisory
guidance is needed; issues
(b)(3)(Grand
Jury
Material);
(b)(5)
(AWP)


The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
163

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
slowing down the investigation
and a proposed timetable for
investigative progress, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
Each page of the document is
marked at the bottom:
Confidential Attorney Work
Product. Do Not Reproduce.
[8-pages]
CRM 259
[EOUSA referral
to CRM]
[ ], [ ], PIN
Trial Atty.(s)
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief;
[ ], [ ], [ ],
(AUSADC)
December 22,
2010
PROSECUTION
MEMORANDUM
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
pros memo setting forth the
detailed reasoning behind DOJs
decision recommending the
prosecution/indictment of [ ] and
[ ], and declining the prosecution
of John Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to approve the prosecution of [ ]
and [ ], and declining the
prosecution of Ensign. The
document contains legal theories
and factual information that was
compiled by PIN attorney(s) and
an AUSA during the investigation
and possible criminal prosecution
of Ensign and others and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a list of the
statutes and details the evidence
that may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
(b)(3)
(Grand Jury
Material);
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
164

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The pros memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary justifications for
indictment of [ ] and [ ], and the
non-prosecution of Ensign.
Disclosure of this deliberative
material could likely chill the
open sharing of thoughts and
impressions of ongoing criminal
prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the
SUPPLEMENTAL
PROSECUTION
MEMORANDUM contains a
banner reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL
[54-pages]
CRM 260
[EOUSA referral
to CRM]
[ ], [ ], PIN
Trial
Atty.(s);
[ ], [ ],
(AUSADC)
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief;
[ ],
(AUSADC)
December 23,
2010
PROSECUTION
MEMORANDUM
Subject: Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
pros memo setting forth the
detailed reasoning behind DOJs
decision recommending the
prosecution/indictment of [ ] and
[ ], and declining the prosecution
of John Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
(b)(3)
(Grand Jury
Material);
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
X
165

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to approve the prosecution of [ ]
and [ ], and declining the
prosecution of Ensign. The
document contains legal theories
and factual information that was
compiled by PIN attorney(s) and
an AUSA during the investigation
and possible criminal prosecution
of Ensign and others and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a list of the
statutes and details the evidence
that may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The pros memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary justifications for
indictment of [ ] and [ ], and the
non-prosecution of Ensign.
Disclosure of this deliberative
material could likely chill the
open sharing of thoughts and
impressions of ongoing criminal
prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the
SUPPLEMENTAL
PROSECUTION
MEMORANDUM contains a
banner reading:
CONFIDENTIAL []
and (b)(7)(C)


166

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL
[50-pages]
CRM 261
[EOUSA referral
to CRM]
[ ], [ ], PIN
Trial Atty.(s)
Jack Smith,
PIN Section
Chief;
Raymond
Hulser, PIN
Principal
Deputy Atty.
for Litigation;
[ ], PIN
Deputy Chief;
[ ], [ ], [ ],
(AUSADC)
January 7, 2011 REVISED PROSECUTION
MEMORANDUM
Subject: Revised Memorandum
Recommending Prosecution as to
[ ] and [ ], Declination as to John
Ensign.
Description: The document is a
pros memo setting forth the
detailed reasoning behind DOJs
decision recommending the
prosecution/indictment of [ ] and
[ ], and declining the prosecution
of John Ensign.
Basis for Withholding: (b)(3)
(Grand Jury Material).
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of
supervisory approval by DOJ
managers of a recommendation to
indict several individuals, as well
as the approval by PIN managers
to approve the prosecution of [ ]
and [ ], and declining the
prosecution of Ensign. The
document contains legal theories
and factual information that was
compiled by PIN attorney(s) and
an AUSA during the investigation
and possible criminal prosecution
of Ensign and others and its
release would reveal the mental
impressions and legal strategies of
the DOJ attorney(s) involved in
the case. For example, the
document contains a list of the
statutes and details the evidence
that may be used in any possible
criminal prosecution, and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The pros memo, for
example, includes factual
information and subjective
analysis, in the form of the
primary justifications for
indictment of [ ] and [ ], and the
non-prosecution of Ensign.
Disclosure of this deliberative
(b)(3)
(Grand Jury
Material);
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
167

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
material could likely chill the
open sharing of thoughts and
impressions of ongoing criminal
prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the
SUPPLEMENTAL
PROSECUTION
MEMORANDUM contains a
banner reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL
[57-pages]
CRM 262 (A),
(B), (C), (D), (E),
(F), (G), (H) and
(I)

[EOUSA referral
to CRM]

[email sweep]
[Clearwell];
[pages 1573-1588
of 7508] (16-
pages)

[email sweep]
[Clearwell];
[pages 1591-1606
of 7508] (16-
pages)

[email sweep]
[Clearwell];
[pages 1626-1643
of 7508] (18-
pages)

[email sweep]
[Clearwell];
[pages 1645-1662
of 7508] (18-
pages)

[email sweep]
[Clearwell];
[pages 1664-1681
of 7508] (18-
pages)

[email sweep]
Unidentified
DOJ attorney
and/or case
agent

DOJ
attorney(s)
and/or case
agent
Undated [ ] Corroborating/Contradicting
Sheet
Subject: The document is a
corroborating/contradictory
evidence sheet, which was created
for use during the Ensign
investigation.
Description: The document is
consistent with something drafted
and/or created by a DOJ attorney
which references
corroborating/contradictory
evidence.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled by DOJ attorney(s)
during the investigation and
possible criminal prosecution of
Ensign and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
references corroborating and/or
contradictory evidence pertaining
to Ensign and others, and
revelation of that information
would improperly disclose the
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
168

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
[Clearwell];
[pages 1784-1801
of 7508] (18-
pages)

[email sweep]
[Clearwell];
[pages 1529-1543
of 7508] (15-
pages)

[email sweep]
[Clearwell];
[pages 1546-1560
of 7508] (15-
pages)
private third party individual(s).
Revealing the names and personal
information of DOJ employee(s)
and private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[17-pages]
CRM 263
[EOUSA referral
to CRM]
Unidentified
DOJ
attorney/
case agent
Undated AFFIDAVIT IS SUPPORT OF
AN APPLICATION FOR A
SEARCH WARRANT;
ATTACHMENT A;
ATTACHMENT B AND
CERTIFICATE OF
AUTHENTICITY OF
DOMESTIC BUSINESS
RECORDS PURSUANT TO
FEDERAL RULE OF
EVIDENCE 902(11)
Subject: IN THE MATTER OF
THE SEARCH OF
INFORMATION ASSOCIATED
WITH FREDSCHWARTZ72@
[ ].COM THAT IS STORE AT
PREMISES CONTROLLED BY
[ ]
Description: The document is a
draft/unsigned search warrant
with attachments for one of
Ensigns email accounts. The
document itself appears to be
incomplete in format with many
gaps in the text.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 263
are deemed
non-
responsive
X
169

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The search warrant,
for example, includes factual
information and subjective
analysis, in the form of the
primary justification (probable
cause) for searching of an Ensign
email account. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
Page one of the
SUPPLEMENTAL
PROSECUTION
MEMORANDUM contains a
banner reading:
CONFIDENTIAL []
ATTORNEY WORK
PRODUCT [] CONTAINS 6(e)
MATERIAL
[16-pages]
CRM 264 (A),
(B), (C), (D), (E),
(F) and (G)
[EOUSA
referral to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ];
Senator [ ];
Senator [ ];
Senator [ ];
Senator [ ];
Senator [ ];
Senator [ ]

June 22, 2010 LTR (drafts)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages;2-pages; 3-pages; 3-
pages; 3-pages; 3-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 265
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
X
170

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 266
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 267
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 268
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 269
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
X
171

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 270
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 271
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 22, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 272 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
172

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
CRM 273 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 274 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
173

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
CRM 275 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 276 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
174

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
CRM 277 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 278 (A)
and (B)
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 23, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]

LTR (final) (signed)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
175

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
CRM 279
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
Senator [ ]

June 21, 2010 LTR (draft)
Subject: Re: Request for
Documents
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 280
[EOUSA referral
to CRM]
Jack Smith,
PIN Section
Chief; [ ]
PIN Trial
Atty.
[ ], [ ] SSCE

Undated LTR (draft) (unsigned)
Subject: DOJ draft response letter
to SSCE re: letters dated February
24, 2011 and April 19, 2011.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[2-pages]
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)

X
CRM 281
[EOUSA referral
to CRM]
[ ], [ ], SSCE Jack Smith,
PIN Section
Chief
April 19, 2011 LTR
Subject: The letter relates to a
DOJ request that the SSCE defer
immunization of a witness.
Basis for Withholding: (b)(6)
The name(s)
and personal
information
of private
third party

X
176

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

CRM 282
[EOUSA referral
to CRM]
[ ], SSCE [ ] PIN Trial
Atty.
April 8, 2011 LTR and Attachment
Subject: The letter responds to a
DOJ inquiry re: authority of DOJ
to produce to a defendant records
that were produced to DOJ from
various Senate offices. The
attachment is a part of the
Congressional Record Senate,
dated April 7, 2011 and is
releasable in full.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 283
[EOUSA referral
to CRM]
[ ] Private
Legal
Counsel
Honorable
Barbara
Boxer,
Chairman and
Honorable
Johnny
Isakson, Vice
Chairman
May 28, 2010 LTR
Subject: Re: Senator John
Ensigns Responses to the
Committees Third Supplemental
Request for Information. The
document also references the
enclosure of the Affidavit of
Senator John Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[(LTR) 1-page;(AFFIDAVIT OF
JOHN ENSIGN) 3-pages, see
also CRM 284 below]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 284
[EOUSA referral
to CRM]
May 27, 2010 AFFIDAVIT OF JOHN
ENSIGN
Subject: Affidavit of Ensign in
response to questions from the
SSCE posed by letter dated May
21, 2010.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

X
177

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]

CRM 285
[EOUSA referral
to CRM]
April 30, 2010 Computer Forensic Technical
Report; Case: 20100105-001
Subject: Prepared by the
Information Technology Security
Branch, Office of the Assistant
Sergeant at Arms and Chief
Information Officer. The
document contains multiple
references to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[9-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 286
[EOUSA referral
to CRM]
January 25, 2010 Computer Forensic Technical
Report ; Case: 20100105-001
Subject: Prepared by the
Information Technology Security
Branch, Office of the Assistant
Sergeant at Arms and Chief
Information Officer. The
document contains multiple
references to Ensign.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[9-pages]
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
CRM 287
[EOUSA referral
to CRM]

See also:
CRM 70
[PIN Bankers
Box No. 4]
[EOUSA referral
to CRM]

[ ], SSCE Raymond
Hulser, PIN
Principle
Deputy for
Litigation;
Jack Smith,
PIN Section
Chief
May 24, 2011 LTR and Attachment
[Inventory of the Ensign
Investigative materials]
Subject: The letter is SSCE
response to DOJs request for a
complete inventory of all SSCE
investigative materials concerning
Ensign.
Description: This is an SSCE
created document which consists
of a list of depositions,
memoranda of interviews,
document binders and [ ] taint
files.
asis for Withholding: (b)(6) and
(b)(7)(C). The document is being
withheld in part to protect the
The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
178

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[1-page; 3-pages]
CRM 288 (A)
and (B)
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
October 18, 2010;
October 18, 2010
DRAFT MEMORANDUM
Subject: [ ] Potential Liability as
an Aider and Abettor or Co-
conspirator.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The draft
memorandum, for example,
includes factual information and
subjective legal analysis,
regarding the criminal liability of
an subject related to the Ensign
investigation. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)

Portions of
CRM 288
are deemed
non-
responsive
X
179

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[10-pages]

DRAFT MEMORANDUM
Subject: [ ] Potential Liability as
an Aider and Abettor or Co-
conspirator.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The draft
memorandum, for example,
includes factual information and
subjective legal analysis,
regarding the criminal liability of
an subject related to the Ensign
investigation. Disclosure of this
deliberative material could likely
chill the open sharing of thoughts
and impressions of ongoing
criminal prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
180

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
ascertainable public interest.
[14-pages]
CRM 289 (A)
and (B)
[EOUSA referral
to CRM]
Unidentified
DOJ attorney
Undated [ ] Outline
Subject: The document consists
of an outline of questions or
topics to be covered with a
witness. The document appears to
have been created for use during a
proffer session with a
subject/witness during the Ensign
investigation.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[18-pages]

[ ] Outline
Subject: The document consists
of an outline of questions or
topics to be covered with a
witness. The document appears to
have been created for use during a
proffer session with a
subject/witness during the Ensign
investigation.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
(b) (5)
(AWP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
181

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[25-pages]
CRM 290
[EOUSA referral
to CRM]
[ ] (CRM)
attorney
Lanny
Breuer, AAG;
Paul OBrien,
Director, OEO
June 17, 2011 MEMORANDUM
Subject: The document is a
memo involving a witness
immunity request.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
and is based upon information
obtained by DOJ attorney(s)
and/or case agent(s) during the
investigation and possible
criminal prosecution of Ensign
and others, and its release would
reveal the mental impressions and
legal strategies of the DOJ
attorney(s) involved in the case.
For example, the document
contains references to information
obtained during the course of a
criminal investigation and which
may be used in any possible
criminal prosecution and
revelation of that information
would improperly disclose the
DOJ attorneys legal strategy.
Basis for Withholding: (b)(5)
(DPP). The information
contained in this document is
deliberative because it includes
pre-decisional material that was
compiled to assist DOJ policy-
makers in reaching a decision as
to whether or not to prosecute
Ensign and others, because it
reflects the give-and-take process
by which the government reached
that decision. The memorandum,
for example, includes factual
information and subjective legal
analysis, regarding the criminal
(b) (5)
(AWP) and
(b)(5) (DPP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)


X
182

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
liability of an subject related to
the Ensign investigation.
Disclosure of this deliberative
material could likely chill the
open sharing of thoughts and
impressions of ongoing criminal
prosecutions.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of private third party
individual(s). Revealing the
names and personal information
of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[3-pages]
CRM 291
[EOUSA referral
to CRM]
[ ], SSCE [ ], PIN Trial
Attorney
July 16, 2010 LTR and Attachments
Subject: The document is a letter
and attachments written on behalf
of [ ], a U.S. Senator to [ ], PIN
Trial Attorney in reference to
request dated June 23, 2010, for
certain records related to pending
[Ensign] investigation.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[LTR, 1-page; Attachment, 10-
pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)



X
CRM 292
[EOUSA referral
to CRM]
[ ], SSCE [ ], PIN Trial
Attorney
July 12, 2010 LTR and Attachments
Subject: The document is a letter
and attachments written on behalf
of [ ], a U.S. Senator to [ ], PIN
Trial Attorney in reference to
request dated June 23, 2010, for
certain records related to pending
[Ensign] investigation.
Basis for Withholding: (b)( 6)
and (b)(7)(C). The document has
also been withheld in full to
protect the personal privacy
interests of lower-level DOJ
employee(s) and private third
party individual(s). Revealing the
names and personal information
of DOJ employee(s) and private
third party individual(s), who
maintain strong privacy interests,
would not be justified by any
ascertainable public interest.
[LTR, 1-page; Attachment, 14-
pages]
The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s)
have been
redacted
under (b)(6)
and (b)(7)(C)



X
183

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
CRM 293 (A),
(B), (C) and (D)

[email sweep]
[Clearwell];
[pages 1683-1731
of 7508] (49-
pages)

[email sweep]
[Clearwell];
[pages 1734-1782
of 7508] (49-
pages)

[email sweep]
[Clearwell];
[pages 1821-1869
of 7508] (49-
pages)

[email sweep]
[Clearwell];
[pages 1872-1920
of 7508] (49-
pages)



Unidentified
DOJ attorney
DOJ
attorney(s)
and/or case
agent
Undated Deposition Spreadsheets
Subject: The document is a
spreadsheet of witness
testimony, persons who were
deposed during the SSCE
investigation. The document was
drafted/ created by DOJ
attorney(s) as a litigation tool to
aid them in analyzing the prior
testimony of each witness as it
related to the Ensign
investigation.
Description: The document is
consistent with a litigation tool
drafted and/or created by a DOJ
attorney(s), which references the
deposition testimony of various
witnesses involved in the Ensign
investigation.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled and sorted by DOJ
attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document references
the testimony of various
witness(es), including both
inculpatory and exculpatory
evidence, which relates to Ensign
and others, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[49-pages]
(b)(5)
(AWP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
under (b)(6)
& (b)(7)(C)


X
CRM 294

[email sweep]
[Clearwell];
[pages 1133-1134
of 7508] (2-pages)


Unidentified
DOJ attorney
DOJ
attorney(s)
and/or case
agent
Undated Deposition Spreadsheets
Subject: The document is a
spreadsheet of witness
testimony, persons who were
deposed during the SSCE
investigation. The document was
drafted/ created by DOJ
attorney(s) as a litigation tool to
aid them in analyzing the prior
testimony of each witness as it
related to the Ensign
(b)(5)
(AWP)

The name(s)
and personal
information
of private
third party
individual(s)
have been
redacted
X
184

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
investigation.
Description: The document is
consistent with a litigation tool
drafted and/or created by a DOJ
attorney(s), which references the
deposition testimony of various
witnesses involved in the Ensign
investigation.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled and sorted by DOJ
attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
example, the document references
the testimony of various
witness(es), including both
inculpatory and exculpatory
evidence, which relates to Ensign
and others, and revelation of that
information would improperly
disclose the DOJ attorneys legal
strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
private third party individual(s).
Revealing the names and personal
information of private third party
individual(s), who maintain strong
privacy interests, would not be
justified by any ascertainable
public interest.
[2-pages]
under (b)(6)
& (b)(7)(C)


CRM 295

[email sweep]
[Clearwell];
[pages 1124-1126
of 7508] (3-pages)

email sweep]
[Clearwell];
[pages 1072-1074
of 7508] (3-pages)

[ ] PIN Trial
Atty.

Jack Smith,
PIN Section
Chief
[ ] PIN Trial
Atty.

[ ] PIN Trial
Atty.;
Raymond
Hulser, PIN
Principle
Deputy Chief
for Litigation;
[ ] PIN Trial
Atty.
June 06, 2011;
June 02, 2011
Email
Description: The document
consists of two emails and the
subject line: FW: ENSIGN and
ENSIGN. The emails discuss a
chronological framework for DOJ
investigation of Ensign.
Basis for Withholding: (b)(5)
(AWP). The document
constitutes AWP because it was
created in anticipation of litigation
related to the investigation of
Ensign. The document contains
factual information that was
compiled and sorted by DOJ
attorney(s) during the
investigation and possible
criminal prosecution of Ensign
and its release would reveal the
mental impressions and legal
strategies of the DOJ attorney(s)
involved in the case. For
(b)(5)
(AWP)

The name(s)
and personal
information
of lower-
level DOJ
employee(s)
and private
third party
individual(s),
have been
redacted
under (b)(6)
and (b)(7)(C)


X
185

Document
Reference
Number
Author(s) Recipient(s) Date(s) Title and/or Document
Description
FOIA
Exemption
WIF RIP
example, the document references
the review and information
organization of the evidence,
analysis of the evidence, answers
and conclusions, and revelation of
that information would
improperly disclose the DOJ
attorneys legal strategy.
Basis for Withholding: (b)(6)
and (b)(7)(C). The document is
being withheld in part to protect
the personal privacy interests of
lower-level DOJ employee(s) and
private third party individual(s).
Revealing the names of DOJ
employee(s) and private third
party individual(s), who maintain
strong privacy interests, would
not be justified by any
ascertainable public interest.
[3-pages]