Case 1 19-cv-01333-ABJ Document 16-6 Filed 10 01 19 Page 1 of 4 EXHIBIT F Plaintiffs' Motion for a Temporary Restraining Order Case Document 16-6 Filed 10 01 19 Page 2 of 4 RE xr citizens for responsibility and ethics in washington Katheryn L Wyer Federal Programs Branch US Department of Justice Civil Division 1100 Street N W Room 12014 Washington DC 20005 BY EMAIL Re Parties Duty to Preserve Documents in Pending Litigation CREW v Trump Case No 19-cv-l333 D D C May 7 2019 Dear Ms Wyer On May 7 2019 Plaintiffs Citizens for Responsibility and Ethics in Washington National Security Archive and Society for Historians of American Foreign Relations filed a lawsuit against Donald J Trump and the Executive Of ce of the President challenging 1 their compliance with mandatory obligations imposed by the Presidential Records Act 44 U S C 2201 2209 to create classify and preserve records and 2 their implementation of policies and practices that violate the PRA the Federal Records Act 44 U S C 3101 et seq and the Take Care Clause of the Constitution Art 11 Sec 3 In particular Plaintiffs allege that the President has a policy and practice of af rmatively failing to create and preserve records of the meetings and discussions the President and other senior White House staff have with certain foreign leaders including Russian President Vladimir Putin and North Korean leader Kim Jung Un Plaintiffs have also alleged that the President has interfered with the adequate and proper documentation of agency records of bilateral meetings As you are no doubt aware parties to litigation are under clear obligations to preserve documents in their possession custody or control Further discovery may extend to any nonprivileged matter that is relevant to any party s claim or defense and proportional to the needs of the case Fed R Civ P 26 For these reasons we are assuming that Defendants have already taken steps to preserve the following categories of recordsI that are relevant to Plaintiffs claims in this litigation 1 All records reflecting Defendants meetings phone calls and other communications with foreign leaders Plaintiffs identi cation of speci c categories does not serve to reduce or limit Defendants obligation to preserve all documents covered by Rule 26 of the Federal Rules of Civil Procedure Defendants litigation hold should at a minimum include preservation notices to President Trump and to all components and personnel at EOP with relevant recordkeeping responsibilities follow-up reminders to those individuals about their responsibilities under the litigation hold noti cation of records custodians at the BOP and or White House and the suspension of any automated deleting systems and processes that could impact relevant records 1101 Street NW Suite 201 Washington DC 20005 202 408 5585 phone 202 588 5020 fax E13921 Case Document 16-6 Filed 10 01 19 Page 3 of 4 2 All records re ecting policies and practices regarding recordkeeping of Defendants meetings phone calls and other communications with foreign leaders 3 All records re ecting White House or agency investigations of Defendants recordkeeping policies and practices regarding meetings phone calls and other communications with foreign leaders and 4 All records re ecting Defendants communication of recordkeeping polices or practices to other components of the executive branch In light of recent reports that the inspector general of the Intelligence Community found that a whistleblower complaint regarding President Trump s communications with foreign leader was credible and a matter of urgent concern 2 and the refusal of the Of ce of the Director of National Intelligence to disclose documentation of the ndings or the whistleblower complaint to Congress as the law requires see 50 U S C 3033 k 5 we write to establish a mutual understanding of Defendants obligations in the above-referenced lawsuit as they pertain to this reported incident The disagreement between the Acting Director of ODNI and the Inspector General of the Intelligence Community over the scope of agency jurisdiction relates to the allegations in our Complaint that Defendants in this action are improperly asserting control over records that are central to Plaintiffs claims Further as reported the whistleblower complaint likely contains evidence of the President s recordkeeping practices that lie at the heart of Plaintiffs Complaint and that would be subject to discovery For example in the weeks preceding the whistleblower s complaint President Trump had at least one phone conversation with President Putin and news reports raised questions about whether it was adequately documented Similarly Plaintiffs Complaint concerns at least ve separate meetings President Trump had with President Putin that he failed to document contrary to the requirements of the PRA Compl 1i 7 CREW v Trump No 19 cv-1333 D D C May 7 2019 We therefore ask that you con rm that in addition to the aforementioned categories of records the Defendants are preserving any materials relating to the ODNI whistleblower complaint and the underlying incident which would be subject to discovery pursuant to Rule 26 Please provide me written con rmation no later than 5 pm on Monday September 23 2019 that Defendants have implemented a litigation hold that covers these materials If you are unable or unwilling to provide such assurances we may be compelled to request court intervention at this early stage in the litigation 2 Greg Miller Ellen Nakashima and Shane Harris Trump s communications with foreign leader are part of whistleblower complaint that spurred standoff between spy chief and Congress former of cials say Washington Post Sept 18 2019 available at Nicholas Fandos Eileen Sullivan Julian E Barnes and Matthew Rosenberg Watchdog Refuses to Detail Whistle-Blower Complaint About Trump N Times Sept 19 2019 available at Case Document 16-6 Filed 10 01 19 Page 4 of 4 We look forward to and appreciate your cooperation in his matter Sincerely nne Weismann Chief 01A Counsel This document is from the holdings of The 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