U S Department of Justice Civil Division Federal Programs Branch Via US Mail Via Special Delivery PO Box 883 20 Massachusetts Ave NW Washington DC 20044 Washington DC 2000 Brad P Rosenberg Telephone 202 514-3374 Trial Attorney Fax 202 616 8460 Email brad rosenberg@usdoj gov September 3 2009 Via E Mail Anne L Weismann Esq Citizens for Responsibility and Ethics in Washington 1400 I Street N W Suite 450 Washington DC 20005 Re White House and Vice President 3 Residence Visitor Records Litigation Matters Dear Anne I am writing to summarize the settlement in principle of the various FOIA and FRA lawsuits that have been brought by Citizens for Responsibility and Ethics in Washington against the US Department of Homeland Security and the National Archives and Records Administration relating to visitors to the White House and the Vice President s Residence In two of the cases 06-1912 and 08-1535 CREW sought visitor records relating to the prior presidential administration regarding visits by certain evangelical Christian leaders and an individual by the name of Stephen Payne respectively In two more recent cases CREW sought visitor records relating to this presidential administration regarding visits by certain coal company executives 09-1 101 and certain health care industry executives 09 1356 As we have discussed the White House will announce this week a voluntary disclosure program pursuant to which visitors to the White House and the Vice President s Residence will be publicly disclosed subject to certain narrow exemptions We understand the settlement terms for these cases to be as follows The White House will make a discretionary production of WAVES and ACR records that are responsive to FOIA request in CREW 6 with necessary redactions As we have discussed the White House has detennined that there are no WAVES or ACR records that are responsive to FOIA request in CREW 5 and the Office of the Vice President has determined based on a review of relevant records that there were no visits to the Vice President s Residence by any of the individuals identi ed in FOIA requests in CREW 5 and CREW 6 -2- Upon receipt of the WAVES and ACR records in CREW 6 and a written con rmation from the White House that there are no such responsive records in CREW 5 CREW will stipulate to the dismissal of CREW 5 and CREW 6 with prejudice each party to bear its own fees and costs 1 have previously forwarded for your review a draft Stipulation of Dismissal with Prejudice for CREW 6 which can easily be modi ed for use in CREW 5 Upon the discretionary release by the White House through the National Archives and Records Administration of the WAVES and ACR records responsive to FOIA requests in CREW 2 and CREW 4 and upon notice being given to the former Vice President or his representatives in accordance with EC 13489 of the intent to disclose any post-entry logs that are responsive to 01A requests in CREW 2 and CREW 4 CREW will agree to le Joint Motions to Vacate Judge Lamberth s Orders requiring the processing of FOIA requests in CREW 2 and CREW 4 as well as the Order requiring the Archivist of the United States to take actions regarding certain White House and Vice President s Residence visitor records in CREW 2 Those motions will also request the dismissal of CREW 2 and CREW 4 With prejudice I have previously forwarded for your review a draft Joint Motion to Vacate and to Dismiss with Prejudice for CREW 2 which ean easily be modi ed for use in CREW 4 Upon entry of an order by Judge Lamberth vacating his orders in CREW 2 and CREW 4 the govenunent will move in the DC Circuit to Withdraw its appeals of those cases and Will begin the processing of the payment of attorney s fees for those cases in the amount of $149 515 Please con rm that We have an agreement in principle regarding the next steps to expeditiously resolve the outstanding issues in each of these cases Very truly yours Brad P Rosenberg                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu