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U.S.

Department of Justice

Criminal Division
Office of Enforcement Operations

(202) 616-0307 Washington, D.C. 20530

CRM-201000892F

Mr. Adam J. Rappaport


Citizens for Responsibility and Ethics
in Washington
1400 Eye Street, N.W., Suite 450
Washington, D.C. 20005

Dear Mr. Rappaport:

This is in response to your Freedom ofInformation Act request dated December 13, 2010,
for all records relating to the investigation of Senator John Ensign and DO]' s decision not to
bring criminal charges against him.

We have conducted a search and located records responsive to your request. However,
we have been advised that these records relate to open and on-going law enforcement
proceedings in the District of Columbia, and that release, at this time, could reasonably be
expected to interfere with these proceedings by revealing prematurely the nature and scope of the
evidence compiled by the government. Therefore we are withholding these records in their
entireties pursuant to Exemption 7(A) of the FOIA, 5 U.S.C. § 552(b)(7)(A), which permits the
withholding of records or information compiled for law enforcement purposes, but only to the
extent that the production of such law enforcement records or information could reasonably be
expected to interfere with enforcement proceedings.

You have a right to an administrative appeal of this determination. Department


regulations provide that such appeals must be filed within sixty days of your receipt of this letter.
28 C.F.R. 16.9. Your appeal should be addressed to: Office ofInformation Policy, United States
Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, DC 20530-0001.
Both the envelope and the letter should be clearly marked with the legend "FOIA Appeal." If you
exercise this right and your appeal is denied, you also have the right to seek judicial review of
this action in the federal judicial district (l) in which you reside, (2) in which you have your
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principal place of business, (3) in which the records denied are located, or (4) for the District of
Columbia. If you elect to file an appeal, please include, in your letter to the Office of
Information Policy, the Criminal Division file number that appears above your name in this
letter.

Sincerely,

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Rena Y. Kim, Chief
Freedom ofInformationlPrivacy Act Unit
Criminal Division