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    Response From The Office of Management and Budget - September 22, 2017

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    Protect Democracy
    On February 15, 2017, Protect Democracy sent FOIA requests to the Office of Management and Budget (OMB) and the Office of Legal Counsel (OLC) at the Department of Justice (OLC) to learn whether this Administration sought any legal or other agency review of its Executive Order, Protecting the Nation from Foreign Terrorist Entry Into the United States, EO 13769.  Protect Democracy had to go to court to force a response, and the government is in the process of sending its responsive records.  See The Protect Democracy Project v. Office of Mgmt. and Budget, U.S. Dep't of Justice, 1:17-cv-814/815-TJK (D.D.C. May 5, 2017).  OMB found only one record showing review of the executive order, and OLC did only an abbreviated "form and legality review."   So far, the records show OLC's very limited work, even under the "form and legality" review, such as saying: "We are of course are in a crunch time and we don't know what sort of leeway we have to be making changes."  See p. 61 of 95, January 31, 2018 production.  Since OLC received it late on a Sunday night on Jan. 22., OLC had at least 5 executive orders to review, among its other work, and its internal emails show a rushed and changing workstream: "POTUS docs for Friday - ANOTHER CHANGE IN PLANS."  See p. 34 of 95, January 31, 2018 production.  It's not clear that others at DOJ were included, as OLC emailed: "I am thinking that I should alert Policy that we are redlining the immigration EOs.  Does that make sense, or should I just ask them the status on their side?"  See p. 13 of 53, January 2, 2018 production.  

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    Response From The Office of Management and Budget - September 22, 2017

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    Protect Democracy
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    On February 15, 2017, Protect Democracy sent FOIA requests to the Office of Management and Budget (OMB) and the Office of Legal Counsel (OLC) at the Department of Justice (OLC) to learn whether this Administration sought any legal or other agency review of its Executive Order, Protecting the Nation from Foreign Terrorist Entry Into the United States, EO 13769.  Protect Democracy had to go to court to force a response, and the government is in the process of sending its responsive records.  See The Protect Democracy Project v. Office of Mgmt. and Budget, U.S. Dep't of Justice, 1:17-cv-814/815-TJK (D.D.C. May 5, 2017).  OMB found only one record showing review of the executive order, and OLC did only an abbreviated "form and legality review."   So far, the records show OLC's very limited work, even under the "form and legality" review, such as saying: "We are of course are in a crunch time and we don't know what sort of leeway we have to be making changes."  See p. 61 of 95, January 31, 2018 production.  Since OLC received it late on a Sunday night on Jan. 22., OLC had at least 5 executive orders to review, among its other work, and its internal emails show a rushed and changing workstream: "POTUS docs for Friday - ANOTHER CHANGE IN PLANS."  See p. 34 of 95, January 31, 2018 production.  It's not clear that others at DOJ were included, as OLC emailed: "I am thinking that I should alert Policy that we are redlining the immigration EOs.  Does that make sense, or should I just ask them the status on their side?"  See p. 13 of 53, January 2, 2018 production.  

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    Response from the Office of Management and Budget - September 22, 2017

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    On February 15, 2017, Protect Democracy sent FOIA requests to the Office of Management and Budget (OMB) and the Office of Legal Counsel (OLC) at the Department of Justice (OLC) to learn whether this Administration sought any legal or other agency review of its Executive Order, Protecting the Nation from Foreign Terrorist Entry Into the United States, EO 13769.  Protect Democracy had to go to court to force a response, and the government is in the process of sending its responsive records.  See The Protect Democracy Project v. Office of Mgmt. and Budget, U.S. Dep't of Justice, 1:17-cv-814/815-TJK (D.D.C. May 5, 2017).  OMB found only one record showing review of the executive order, and OLC did only an abbreviated "form and legality review."   So far, the records show OLC's very limited work, even under the "form and legality" review, such as saying: "We are of course are in a crunch time and we don't know what sort of leeway we have to be making changes."  See p. 61 of 95, January 31, 2018 production.  Since OLC received it late on a Sunday night on Jan. 22., OLC had at least 5 executive orders to review, among its other work, and its internal emails show a rushed and changing workstream: "POTUS docs for Friday - ANOTHER CHANGE IN PLANS."  See p. 34 of 95, January 31, 2018 production.  It's not clear that others at DOJ were included, as OLC emailed: "I am thinking that I should alert Policy that we are redlining the immigration EOs.  Does that make sense, or should I just ask them the status on their side?"  See p. 13 of 53, January 2, 2018 production.  

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    Response From The Office of Management and Budget - September 22, 2017

    Uploaded by

    Protect Democracy
    On February 15, 2017, Protect Democracy sent FOIA requests to the Office of Management and Budget (OMB) and the Office of Legal Counsel (OLC) at the Department of Justice (OLC) to learn whether this Administration sought any legal or other agency review of its Executive Order, Protecting the Nation from Foreign Terrorist Entry Into the United States, EO 13769.  Protect Democracy had to go to court to force a response, and the government is in the process of sending its responsive records.  See The Protect Democracy Project v. Office of Mgmt. and Budget, U.S. Dep't of Justice, 1:17-cv-814/815-TJK (D.D.C. May 5, 2017).  OMB found only one record showing review of the executive order, and OLC did only an abbreviated "form and legality review."   So far, the records show OLC's very limited work, even under the "form and legality" review, such as saying: "We are of course are in a crunch time and we don't know what sort of leeway we have to be making changes."  See p. 61 of 95, January 31, 2018 production.  Since OLC received it late on a Sunday night on Jan. 22., OLC had at least 5 executive orders to review, among its other work, and its internal emails show a rushed and changing workstream: "POTUS docs for Friday - ANOTHER CHANGE IN PLANS."  See p. 34 of 95, January 31, 2018 production.  It's not clear that others at DOJ were included, as OLC emailed: "I am thinking that I should alert Policy that we are redlining the immigration EOs.  Does that make sense, or should I just ask them the status on their side?"  See p. 13 of 53, January 2, 2018 production.  

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    EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET September 22, 2017 Ms, Allison Murphy The Protect Democracy Project, Inc. 2020 Pennsylvania Ave., NW #163 Washington, DC 20006 Sent via email: Allison. murphy@protectdemocracy.org RE: The Protect Democracy Project v. Office of Management and Budget, et. al., No. 17-814 (DDC) Dear Ms. Murphy: This is our final response to the Freedom of Information Act (FOIA) request from The Protect Democracy Project, which is the subject of the above-referenced matter. Specifically, the Office of Management and Budget (OMB) received The Protect Democracy Project’s FOIA request on February 15, 2017, and assigned it the tracking number 2017-074. In accordance with the parties’ Joint Status Report of September 12, 2017, OMB is making its second of two productions to the Protect Democracy Project. OMB has completed its review of the remaining documents identified as potentially responsive. Of those documents, we have determined that one was responsive to The Protect Democracy Project’s request and that it is appropriate to withhold it in full pursuant to FOIA Exemptions 5 and 6, 5 U.S.C. § 552(b\(5), (b)(6). Exemption 5 protects interagency or intra-ageney pre-decisional deliberative ‘communications, the disclosure of which would inhibit the frank and candid exchange of views that is necessary for effective government decision making. Exemption 6 protects against. disclosure of information that would constitute a clearly unwarranted invasion of personal privacy. Because this matter is in litigation, please contact Matthew J. Berns, Trial Attorney. at 202-616-8016 or matthew j.bemns@usdoj.gov, if you have any questions. incerely, 7 jonne Hardy FOIA Officer

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