FEDERAL ELECTION COMMISSION ‘Washington, DC 20463 Citizen Wells cr 30 0g P.O. Box 777 Pineville, NC 28134 Re: FOIA Request No. 2008-63 Dear Citizen Wells: This is in response to your letter dated September 13, 2008 in which you sought information under the Freedom of Information Act (FOIA). Specifically you requested “documents that relate to the Philip J. Berg lawsuit initiated and served on Barack ‘Obama, the DNC and the FEC.” Enclosed are documents responsive to your request. However, these documents have been redacted based on Exemption 6 of the FOIA by removing personally identifiable information about third parties who are not pertinent to your request. We also redacted those portions that are attomey-work product pursuant to Exemption 5 of FOIA. As more fully explained below, the majority of the remaining responsive documents we found are protected from disclosure under Exemptions 2, 5, and 6. See 5 ULS.C. §§ 552(b)(2), 552(b)(5), and 552(b)(6). ‘The other responsive documents found were documents which originated in full or in part with the Department of Justice (DOJ). ‘As such, we have referred your FOIA request with respect to those documents to the DOI for direct response. Exemption 2 of FOIA allows agencies to withhold records that are of a trivial nature, such as routing sheets, and that are “related solely to the internal personnel rules and practices of an agency.” See 5 U.S.C. § 552(b)Q). Under Exemption 5 of FOIA, agencies may withhold from disclosure any “inter- agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” The documents we found are predecisional intra-office and inter-agency correspondence that were prepared in anticipation of litigation. As such, they are shielded by the attorney work product, privilege and have no reasonably segregable portions to release. Itis also well settled that documents containing confidential attorney-client communications about a legal ‘matter for which the client has sought professional advice are exempt from disclosure under FOIA. Last, releasing the requested documents could adversely affect the agency's deliberative process in those documents that contain recommendations or express opinions on legal or poliey matters.