Calling Kraninger's Bluff On Release of Documents

August 2, 2018
Dionne Hardy
FOIA Officer
Office of Management and Budget
Email: OMBFOIA@omb.eop.gov
Re: Freedom of Information Act Request
Dear FOIA Officer:
Pursuant to the Freedom of Information Act, Allied Progress requests access to and copies of
certain records related to OMB Associate Director for General Government Kathy Kraninger
created between and including March 1, 2017, and the date this request is processed.
Specifically, we request:
• A complete description of any role Ms. Kraninger may have played in OMB budgetary
or policy decisions, analyses, or recommendations related to the Department of
Justice (DOJ)’s “Zero Tolerance Policy,” the Department of Homeland Security (DHS)'s
implementation of the changes stemming from this policy, and the separation of
children from their parents who were detained under such policy.
• A list of all meetings Ms. Kraninger attended (in person or by telephone or other
electronic means) related to DOJ's “Zero Tolerance Policy,” including a list of all other
attendees of these meetings. We also request all memos, analyses, or
recommendations, created in preparation for or in response to these meetings.
• All final or draft OMB analyses, recommendations, or budgetary or policy decisions in

which Ms. Kraninger was involved related to the DOJ’s “Zero Tolerance Policy” or
DHS’s role in this policy.
If possible, I would prefer to receive this information electronically via e-mail at

karl.frisch@alliedprogress.org. If you have questions or need additional information, please
feel free to call me at (202) 644-8526.
Background
On July 19, 2018, U.S. Senators Catherine Cortez Masto, Robert Menendez, and Elizabeth
Warren requested that Kathy Kraninger, President Donald Trump’s nominee to lead the
Consumer Protection Bureau (CFPB) provide certain documents related to her role in the
Trump Administration’s “zero-tolerance” immigration policy, which led to the separation of
children from parents detained under the policy.
1220 L Street NW, Suite 100/364 • Washington, D.C. 20005-4018

(855) ALD-PRGS toll-free • @alliedprogress • alliedprogress.org
In part, the Senators requested the following documents:
• A complete description of any role you may have played in OMB budgetary or policy
decisions, analyses, or recommendations related to DOJ's “Zero Tolerance Policy,”
DHS's implementation of the changes stemming from this policy, and the separation
of children from their parents who were detained under such policy.
• A list of all meetings you attended (in person or by telephone or other electronic
means) related to these budgetary or policy decisions, analyses, or recommendations,
the topics discussed in these meetings, and a list of all other attendees of these
meetings.
• Any final or draft OMB analyses, recommendations, or budgetary or policy decisions

in which you were involved related to the DOJ Zero Tolerance Policy, or related to
DHS role in this policy, including DHS's role in the separation of children from their
parents who were detained under the DOJ Zero Tolerance policy, and any emails, or
other communications related to these final or draft recommendations, or budgetary
or policy decisions.
Ms. Kraninger refused to provide the senators with the requested documents, citing
“confidentiality interests that attach to executive branch decision-making” and claiming that
the she “would not have the authority to produce any such documents if they existed.”1
Expedited Processing Request
Ms. Kraninger has refused to provide the requested documents, which are held by OMB and
subject to FOIA. A vote on Ms. Kraninger’s nomination to lead the CFPB—an agency critical
to protecting American consumers—was postponed after initially being scheduled for
Thursday, August 2. Senator Elizabeth Warren had called for the vote to be postponed
because of Ms. Kraninger’s inadequate answers to the senators’ questions. 2 Because a
confirmation vote may be re-scheduled at any time, it is critical that the public have access to
these documents as soon as possible. Allied Progress will make the requested materials
available to the public on its website.
Fee Waiver Request
Allied Progress requests a waiver of fees because it qualifies for classification as a “news
media” requester, responsible only for duplication fees under FOIA's fee assessment
provisions. The Consumer Financial Protection Bureau and Federal Communications
Commission have previously recognized this status in light of the regular publication and
dissemination activities in which Allied Progress engages. Allied Progress will use the
information gathered, and its analysis of it, to educate the public through reports, press
1 “Questions for Ms. Kathleen Laura Kraninger, Director-Designate, Bureau of Consumer Financial
Protection, on behalf of Ranking Member Brown, Senator Catherine Cortez Masto, Senator Robert
Menendez, and Senator Elizabeth Warren,” US Senate Committee on Banking, Housing, and Urban
Affairs, 07/19/18
2 Katanga Johnson, “Senate panel delays vote on Trump consumer watchdog pick,” Reuters, 08/01/18
releases, or other media. Allied Progress will also make materials it gathers available on its
public website.
The disclosure of the requested information is also “in the public interest because it is likely
to contribute significantly to public understanding” of government operations and is not
“primarily in the commercial interest of the requester.” The disclosure of the information
sought under this request will document and reveal the operations of the federal government,
including how public funds are spent and how officials conduct the public's business.
In June 2018, President Donald Trump nominated OMB Associate Director Kathy Kraninger
to lead the Consumer Financial Protection Bureau (CFPB), an agency charged with protecting
consumers from predatory financial entities.3 Since last November, the CFPB has been led by
“Acting Director” Mick Mulvaney, who has made substantive changes to the agency's
structure and policies, even going so far as to change its mission statement. Allied Progress is
working to ensure that the next CFPB director does not continue eroding the agency as
Mulvaney has done.
Currently, the public has very little information on Ms. Kraninger and she has repeatedly
refused to disclose requested information on her work at OMB, which has primarily been
outside of the public eye. This request seeks to determine the scope of Ms. Kraninger's work
at OMB, including her contributions to controversial policies of the Trump Administration,
and the requested materials will be used to inform the public about Ms. Kraninger in the
context of her expected CFPB nomination.
This request is primarily and fundamentally for non-commercial purposes. As a project of a

501(c)(3) organization, Allied Progress does not have a commercial purpose and the release
of the information requested is not in Allied Progress's financial interest. Allied Progress's
mission is to give voice to hard-working Americans by standing up to Wall Street and other
powerful special interests and holding their allies in Congress and the White House
accountable.
Accordingly, Allied Progress qualifies for a fee waiver.
Conclusion
If my request is denied in whole or part, I ask that you justify all deletions by reference to
specific exemptions of the act. Additionally, if any documents are withheld based on the
Agency's interpretation of any exemption, Allied Progress requests that you provide an index
of those documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert.
denied, 415 U.S. 977 (1974). Specifically, this Vaughn index should describe withheld
documents with enough specificity to determine whether the material is exempt under the
act and must describe each document or portion withheld.
Thank you for your assistance.
Sincerely,
3Lalita Clozel, "Kathy Kraninger to Be Nominated to Head Consumer Financial Protection Bureau,"
The Wall Street Journal, 06/16/18
Karl Frisch
Executive Director
Allied Progress
August 2, 2018
Dionne Hardy
FOIA Officer
Dear FOIA Officer:
certain records related to OMB Associate Director for General Government Kathy Kraninger.
Specifically, we request all emails sent by, sent to, or carbon copying (“CC”) Ms. Kraninger
since and including March 1, 2017, that were sent by, sent to, or CC’ed any officials of the
following agencies, as indicated by their email addresses:
• Department of Justice (@doj.gov)

• Department of Homeland Security (@dhs.gov)
• The White House (@who.eop.gov)
Specifically, we request all applicable emails that include any of the following keywords:
• Zero Tolerance (or Zero-Tolerance)

• Southwest Border
• Mexico
• Stephen Miller

Background
Trump Administration’s “zero-tolerance” immigration policy, which led to the separation of
children from parents detained under the policy.

• All emails and other documents related to your communications with DOJ officials
related to the development and implementation of DOJ's “Zero-Tolerance Policy” and
the separation of children from their parents who were detained under such policy.
• All emails and other documents related to your communications with DHS officials
regarding the DHS's role in separation of children from their parents who were
detained under the DOJ Zero Tolerance policy.
• All emails and other documents related to your communications with White House
officials, including Senior Advisor to the President Stephen Miller, related to the
development of the Zero Tolerance Policy, DHS's implementation of changes
stemming from the Zero Tolerance Policy, or the separation of children from their
parents who were detained under the DOJ Zero Tolerance policy.
the she “would not have the authority to produce any such documents if they existed.” 1
Fee Waiver Request
public website.
Affairs, 07/19/18
consumers from predatory financial entities. 3 Since last November, the CFPB has been led by
Mulvaney has done.

accountable.
Conclusion
Sincerely,
Karl Frisch
Executive Director
Allied Progress
August 2, 2018
Dionne Hardy
FOIA Officer
Dear FOIA Officer:
certain records related to OMB Associate Director for General Government Kathy Kraninger
created between and including March 1, 2017, and the date this request is processed.
Specifically, we request:
• A complete description of any role Ms. Kraninger may have played in OMB disaster
supplemental appropriations requests to Congress, budgetary or policy decisions,
analyses, or recommendations related to the Trump Administration's response to
Hurricane Maria in Puerto Rico.
• A list of all meetings Ms. Kraninger attended (in person or by telephone or other
electronic means) related to the Trump Administration's response to Hurricane
Maria, including a list of all other attendees of these meetings. We also request all
memos, analyses, or recommendations, created in preparation for or in response to
these meetings.

Background
response to Hurricane Maria in Puerto Rico.
• A complete description of any role you may have played in OMB disaster
supplemental appropriations requests to Congress, budgetary or policy decisions,

analyses, or recommendations related to the Trump Administration's response to
Hurricane Maria. Please include a list of all meetings you attended (in person or by
telephone or other electronic means) related to these disaster supplemental
appropriations requests to Congress, budgetary or policy decisions, analyses, or
recommendations, the topics discussed in these meetings, and a list of all other
attendees of those meetings. Such documents should cover, but not be limited to, any
meetings, communications, or deliberations related to the following requests and
appropriations:
o October 4, 2017 requested supplemental;

o Public Law Number 115-72;
o November 17, 2017 requested supplemental; and
o Public Law Number 115-123.
the she “would not have the authority to produce any such documents if they existed.” 1
Fee Waiver Request
public website.
Affairs, 07/19/18
consumers from predatory financial entities. 3 Since last November, the CFPB has been led by
Mulvaney has done.

accountable.
Conclusion
Sincerely,
Karl Frisch
Executive Director
Allied Progress
August 2, 2018
Dionne Hardy
FOIA Officer
Dear FOIA Officer:
certain records related to OMB Associate Director for General Government Kathy Kraninger.
We request certain emails sent by, sent to, or carbon copying (“CC”) Ms. Kraninger since and
including March 1, 2017 that were sent by, sent to, or CC’ed any officials of the following
agencies, as indicated by their email addresses:
• Department of Homeland Security (@dhs.gov)

• Department of Treasury (@treasury.gov)
• Department of Housing and Urban Development (@hud.gov)
Specifically, we request all applicable emails that include any of the following keywords:
• Puerto Rico
• Hurricane

Background
response to Hurricane Maria in Puerto Rico.
• All emails and other documents related to your communications with DHS officials
related to the development of disaster supplemental appropriations requests to
Congress and implementation of enacted appropriations.

• All emails and other documents related to your communications with Treasury
officials related to the development of disaster supplemental appropriations requests
to Congress and implementation of enacted appropriations.
• All emails and other documents related to your communications with HUD officials
related to the development of disaster supplemental appropriations requests to
Congress and implementation of enacted appropriations.
the she “would not have the authority to produce any such documents if they existed.”1
Fee Waiver Request
public website.
Affairs, 07/19/18
consumers from predatory financial entities.3 Since last November, the CFPB has been led by
Mulvaney has done.

accountable.
Conclusion
Sincerely,
Karl Frisch
Executive Director
Allied Progress

Calling Kraninger's Bluff On Release of Documents

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Calling Kraninger's Bluff On Release of Documents

Uploaded by

Copyright:

Available Formats

August 2, 2018

Re: Freedom of Information Act Request

Dear FOIA Officer:

• All final or draft OMB analyses, recommendations, or budgetary or policy decisions in

If possible, I would prefer to receive this information electronically via e-mail at

1220 L Street NW, Suite 100/364 • Washington, D.C. 20005-4018

• Any final or draft OMB analyses, recommendations, or budgetary or policy decisions

Expedited Processing Request

Fee Waiver Request

This request is primarily and fundamentally for non-commercial purposes. As a project of a

Accordingly, Allied Progress qualifies for a fee waiver.

Thank you for your assistance.

Re: Freedom of Information Act Request

Dear FOIA Officer:

• Department of Justice (@doj.gov)

• Zero Tolerance (or Zero-Tolerance)

If possible, I would prefer to receive this information electronically via e-mail at

In part, the Senators requested the following documents:

1220 L Street NW, Suite 100/364 • Washington, D.C. 20005-4018

Expedited Processing Request

Fee Waiver Request

This request is primarily and fundamentally for non-commercial purposes. As a project of a

Accordingly, Allied Progress qualifies for a fee waiver.

Thank you for your assistance.

Re: Freedom of Information Act Request

Dear FOIA Officer:

If possible, I would prefer to receive this information electronically via e-mail at

In part, the Senators requested the following documents:

1220 L Street NW, Suite 100/364 • Washington, D.C. 20005-4018

o October 4, 2017 requested supplemental;

Expedited Processing Request

Fee Waiver Request

This request is primarily and fundamentally for non-commercial purposes. As a project of a

Accordingly, Allied Progress qualifies for a fee waiver.

Thank you for your assistance.

Re: Freedom of Information Act Request

Dear FOIA Officer:

• Department of Homeland Security (@dhs.gov)

If possible, I would prefer to receive this information electronically via e-mail at

In part, the Senators requested the following documents:

1220 L Street NW, Suite 100/364 • Washington, D.C. 20005-4018

Expedited Processing Request

Fee Waiver Request

This request is primarily and fundamentally for non-commercial purposes. As a project of a

Accordingly, Allied Progress qualifies for a fee waiver.

Thank you for your assistance.

You might also like