EXHIBIT Acitizens for responsibility and ethics in washington CREW October 19, 2010 6117 By faesimile: 20: Rena Y. Kim Chief, FOIA/PA Section Criminal Division U.S. Department of Justice Suite 1127, Keeney Building 950 Pennsylvania Avenue, N.W. Washington, D.C. 20330-0001 Re: edom of Information Act Request Dear Ms, Kim: Citizens for Responsibility and Ethics in Washington (“CREW”) makes this request for records, regardless of format, medium, or physical characteristics, and including electronic records and information, audiotapes, videotapes and photographs, pursuant to the Freedom of, Information Act (“FOIA”), 5 U.S.C. §§ 552, ef seg., and U.S. Department of Justice (“DOJ”) regulations, 28 C.F.R. Part 16. Specifically, CREW requests any witness statements, investigation reports, prosecution memoranda, and FBI 302 reports related to DOJ’s investigation of former House Majority Leader ‘Tom DeLay. This includes, but is not limited to, DOI’s investigation of relationships between Mr. DeLay and Christine DeLay, Dani DeLay, Jack Abramoff, Edwin Buckham, Tony Rudy, Michael Scanlon, Susan Hirshmann, the Alexander Strategy Group, the National Center for Public Policy Research, eLottery, Inc., the U.S. Family Network, Americans for a Republican Majority PAC (“ARMPAC”), Texans for a Republican Majority PAC (“TRMPAC"), and/or the mmonwealth of the Northern Marianas Islands, Mr. DeLay was one of the subjects of DOJ’s extensive investigation into illegal lobbying activities by Mr. Abramoff and others. See R. Jeffrey Smith, Justice Department Drops Investigation of DeLay Ties to Abramoff, Wash. Post, August 17, 2010 (attached as Exhibit A). Among other things, DOJ investigated allegations Mr. Abramoff, Mr. Buekham, and Mr. Rudy laundered money from entities with interests before Congress through non-profit organizations to pay for Mr. and Mrs, DeLay’s overseas travel. For example, Mr. Abramoff funneled payments provided by eLottery, Inc, and other gambling interests through the National Center for Public Policy Research to pay for Mr. and Mrs, DeLay’s trip to Scotland, and used the same organization to launder money from a Russian oil company to pay for Mr. and Mrs. DeLay's wip to Russia. See, eg. Phil Shenon, Ex:DeLay Aide Pleats Gully NY. Times 1400 Eye Steet, NW, Sute 450, Washington, 0.C. 20005 | 202.408.5565 phone | 202.588.5020 ax | wawrcitzensortiRena Y. Kim October 19, 2010 Page 2 Wash. Post, December 31, 2005 (attached as Exhibit C); R. Jefitey Smith, DeLay Airfare Was Charged To Lobbyist’s Credit Card, Wash, Post, April 24, 2005 (attached as Exhibit D); James V. Grimaldi & R. Jeffrey Smith, Gambling Interests Funded DeLay Trip, Wash. Post, March 12, 2005 (attached as Exhibit E). DOJ also investigated allegations: (1) the Alexander Strategy Group, a lobbying firm run by Mr. Buckham and Mr. Rudy, employed Mrs. DeLay in an effort to influence Mr. DeLay, see Susan Schmidt & James V. Grimaldi, Lawmakers Under Scrutiny in Probe of Lobbyist, Wash Post, November 26, 2005 (attached as Exhibit F); Philip Shenon, Lobbying Cases Highlight Prime Targets’ Family Ties, 1V.¥. Times, April 9, 2006 (attached as Exhibit G); (2) Mrs. DeLay and the DeLays’ daughter Dani improperly were paid $350,000 in consulting fees and expenses paid by ARMPAC, Mr. DeLay’s political action committee, see Michael Hedges, As Lobbying Scandal Drags On, DeLay Takes a Shot at FBI, Houston Chronicle, May 9, 2007 (attached as Exhibit 1); (3) Mr. Abramoff and Mr. Buckham funneled $1 million from the Russian oil company through the U.S, Family Network in an effort to influence Mr. DeLay and others, see Smith, Wash. Post, December 31, 2005; Laylan Copelin, Subpoena List in DeLay Case Reads Like Who's Who of Political, Business Interests, Austin American-Statesman, October 16, 2010 (attached as Exhibit 1); and (4) Mr. DeLay and two associates conspired to illegally lauder corporate campaign contributions through TRMPAC, id; and (5) Mr. Abramoff arranged for a trip to the Commonwealth of the Northern Mariana Islands to influence Mr. DeLay, see Michael Hedges, Lobbyist Pleads Guilty to Conspiracy, Houston Chronicle, November 22, 2005 (attached hibit J) DOF apparently concluded its investigation of Mr, DeLay recently without bringing charges against him, See Smith, Wash, Post, August 17, 2010, Please search for responsive records regardless of format, medium, or physical characteristics. Where possible, please produce records electronically, in PDF or TIF format on a CD-ROM, We seek records of any kind, including electronic records, audiotapes, videotapes, and photographs. Our request includes any letters, emails, facsimiles, telephone messages, voice mail messages, and transcripts, notes, or minutes of any meetings, telephone conversations, or discussions, Our request also includes any attachments to these records, Ifit is your position that any portion of the requested records is exempt from disclosure, CREW requests that you provide it with an index of those documents as required under Vauighnt ¥. Rosen, 484 F.2d 820 (D.C. Cir, 1973), cert. denied, 415 U.S. 97 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.” Founding Church of Scientology v, Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information.” King v.Rena Y. Kim October 19, 2010 Page 3 US. Dep't of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the ‘withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particulat pert of a withheld document to which they apply." Jd, at 224 (citing Mead Data Central v. US. Dep't of the Air Force, 566 F-2d 242, 251 (D.C. Cit. 1977). In the event that some portions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions of the requested records. See 5 U.S.C. § 552(b). If it is your position that a document contains non-exempt segments, but that those non-exempt segments are so dispersed throughout the document as to make segregation impossible, please state what portion of the document is non-exempt, and how the material is dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of nonsegregability must be made with the same degree of detail as required for claims of exemptions ina Vaughn index. Ifa request is denied in whole, please state specifically that it is not reasonable to segregate portions of the record for release Finally, CREW welcomes the opportunity to discuss with you whether and to what extent this request can be narrowed or modified to better enable DOJ to process it within the FOIA’s deadlines Fee Waiver Request In accordance with $ U.S.C. § 552(a)(4)(A)iii) and 28 C.P.R. § 16.11(K), CREW requests a waiver of fees associated with processing this request for records. The subject of this, request conceins the operations of the federal government and expenditures, and the disclosures will likely contribute to a better understanding of relevant government procedures by CREW and the general public in a significant way. Moreover, the request is primarily and fundamentally for non-commercial purposes. 5 U.S.C. § 552(a)(4\(A)(ii). See, e.g., McClellan Ecological v. Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987). These records are likely 1o contribute to greater public awareness of alleged malfeasance and possible criminal behavior by the former majority leader of the House of Representatives, and of DOJ’s recently conchided investigation into Mr. DeLay’s activities. Related DOJ investigations resulted in criminal convictions of Mr. Abramoff, Mr. Rudy, Mr. Scanlon, former Rep. Bob Ney, and others. While DOJ eventually decided not to prosecute Mr. DeLay, his activities still may have been illegal or violations of the rules of the House of Representatives, and the requested records would shed light on them. In addition, other criminal allegations against Mr. DeLay remain very active - a trial on state charges related to money laundering through TRMPAC is scheduled to begin on October 26, 2010. See Copelin, Austin American- Statesman, October 16, 2010. The public unquestionably has a powerful interest in learning the extent (o which a leading member of Congress engaged in illegal or improper behavior. U.S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 774 (1989)