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FBI Declarations About Comey Memos Uploaded by The Conservative Treehouse As noted by Fox News: “Washington District Court Judge James E. Boasberg — an Obama appointee who was also tapped by Chief Justice John Roberts for a seat on the Foreign Intelligence Surveil…Full description

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CABLE NEWS NETWORK, INC., Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. Civil Action No. 1:17-cv-01167-JEB NOTICE IN RESPONSE TO THE COURT’S ORDER OF APRIL 1, 2019

On April 1, 2019, the Court ordered the Government to file a notice by April 8, 2019 “ indicating whether the completion of the Special Counsel ’ s investigation permits the Government to release more material from the Archey Declarations and the ex parte

sealed  proceeding

.” As directed in the Court’s order, defendant Federal Bureau of Investigation (“FBI”) reports the following:

1. Redaction Block 19. In view of the conclusion of the investigation by the Special Counsel’s Office into Russian interference in the 2016 election, the FBI withdraws its claim that Exemption 7(A) of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(b)(7)(A), justifies withholding of Redaction Block 19 in the documents responsive to plaintiff Cable NewsNetwork’s FOIA request. See Fifth Decl. of David M. Hardy, Section Chief, Record/Information Dissemination Section (“RIDS”), Information Management Division, FBI (Dec. 14, 2018) (“Fifth Hardy Decl.”), at p.7 & ¶¶ 53-56 (ECF No. 69-2). The FBI continues to withhold this material pursuant to FOIA Exemptions 1 and 3. See id. at p. 7. Case 1:17-cv-01167-JEB Document 79 Filed 04/08/19 Page 1 of 3

2 2.

Third Archey Declaration . In view of the conclusion of the investigation by the Special Counsel’s Office into Russia n interference in the 2016 election, the FBI withdraws the redactions made to the Third

In Camera, Ex Parte
Declaration of David W. Archey (Jan. 31, 2017), when that declaration was filed on the public record on March 1, 2019.

See

Ex. A to Decl. of Michael G. Seidel, Acting Section Chief, RIDS (ECF No. 74-1). The unredacted declaration is attached as Exhibit A to this notice. 3.

First Archey Declaration. In view of the conclusion of the investigation by the Special Counsel’s Office into Russian interferen ce in the 2016 election, the FBI withdraws some of the redactions made to the

In Camera, Ex Parte
Declaration of the FBI (Oct. 13, 2017), when that declaration was filed on the public record on March 1, 2019.

See

Ex. B to Decl. of Michael G. Seidel, Acting Section Chief, RIDS (ECF No. 74-1). The revised redacted declaration is attached as Exhibit B to this notice. 4.

Sealed Ex Parte Proceeding . To the FBI’s knowledge, no transcript of this

proceeding was ever created. Therefore, there are no materials for the FBI to review to determine what portions could be released. 5.

The FBI will file a further declaration on or before April 15, 2019, to explain why the remaining redactions to the Third Archey Declaration continue to be necessary. Case 1:17-cv-01167-JEB Document 79 Filed 04/08/19 Page 2 of 3

3 Dated: April 8, 2019 Respectfully submitted, HASHIM M. MOOPPAN Deputy Assistant Attorney General MARCIA BERMAN Assistant Director, Civil Division

/s/Carol Federighi

CAROL FEDERIGHI Senior Trial Counsel United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 Phone: (202) 514-1903 Email: carol.federighi@usdoj.gov Counsel for Defendant

Case 1:17-cv-01167-JEB Document 79 Filed 04/08/19 Page 3 of 3

EXHIBIT A Case 1:17-cv-01167-JEB Document 79-1 Filed 04/08/19 Page 1 of 5

Case 1:17-cv-01167-JEB Document 79-1 Filed 04/08/19 Page 2 of 5