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However, Defendant is still entitled to partial summary judgment regarding the adequacy
of its search for responsive records subject to FOIA.1 See Def.s Mem. of Points and
Authorities in Supp. of Mot. for Summ. J. (Def.s Mem.), ECF No. 7, at 3-7; Reply in
Supp. of Def.s Mot. for Summ. J., ECF No. 16, at 13-17.
To date, the FBI has withheld two categories of documents that are responsive to
Plaintiffs FOIA request. The first category consists of materials retrieved from any
server equipment and related devices obtained from former Secretary of State Hillary
Clinton for the investigation (Request No. 1340452). See Def.s Mem. at 12. These
materials may include agency records of the State Department. See Ex. 1. Therefore, in
accordance with its policies and procedures, the FBI will be providing the retrieved
materials to the State Department for review and determination as to whether they
constitute agency records of the State Department under the Federal Records Act, and for
subsequent FOIA processing as appropriate. Id.; see also 28 C.F.R. 16.4(d)(2).
The second category consists of two records of correspondence between the FBI
and the State Department regarding the investigation (Request No. 1340457). See Def.s
Mem. at 12. The FBI is currently processing these two records to determine whether any
other exemptions apply to information contained in them.
Defendant is still evaluating how this case should proceed given the information
outlined above. Therefore, Defendant proposes to file another status report on or before
July 22, 2016 setting forth its proposal for further proceedings in this case.
The FBI is currently evaluating the appropriate handling of the two ex parte
declarations submitted in support of Defendants Motion for Summary Judgment see
Notice of Lodging of Classified, In Camera, Ex Parte Declaration (ECF No. 8), June 13,
2016 Minute Entry granting Defendants Motion for Leave to Submit In Camera, Ex
Parte Declaration (ECF No. 17).
2
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Branch Director
/s/ Jennie L. Kneedler
JENNIE L. KNEEDLER
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave., N.W.
Washington, D.C. 20001
Tel. (202) 305-8662
Fax (202) 616-8470
Email: Jennie.L.Kneedler@usdoj.gov
D.C. Bar # 500261
Attorneys for Defendant
EXHIBIT 1