Case 2:14-cr-00103-CAS Document 94-1 Filed 07/08/15 Page 1 of 4 Page ID #:1074

DECLARATION OF DOUGLAS M. MILLER

I, Douglas M. Miller, declare as follows:

1.

I am an Assistant United States Attorney (AUSA) with the

United States Attorneys Office for the Central District of

California (USAO-CAC).

United States v. Ronald S. Calderon and Thomas M. Calderon, CR 14-

103-CAS.

and would testify to those facts if called and sworn as a witness.

2.

I am one of the prosecutors assigned to

I have knowledge of the facts set forth herein and could

On or about May 2, 2013, the USAO-CAC submitted to United

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States Magistrate Judge Kendall J. Newman, sitting in the Eastern

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District of California, a 124-page affidavit in support of a search

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warrant for defendant Ronald S. Calderons Senate office in the

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California State Capitol.

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undercover investigation of certain activities of Ronald S. Calderon.

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At the governments request, Magistrate Judge Newman ordered that the

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affidavit be filed under seal.

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Magistrate Judge Newman authorized the search warrant.

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executing the search warrant, defendant Ronald S. Calderon was

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interviewed in Las Vegas, Nevada, and indicated he was willing to

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cooperate with the government and its investigation.

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the government elected not to execute the search warrant.

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3.

The affidavit described the governments

After reviewing the affidavit,

Prior to

As a result,

On or about October 30, 2013, it was brought to my

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attention by one of the FBI agents assisting me with the Calderon

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investigation that Al Jazeera America had published a news article

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stating that its "Investigative Unit" had obtained a copy of a 124-

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page under seal search warrant affidavit detailing an undercover

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investigation into Ronald S. Calderon.

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affidavit obtained by Al Jazeera America, which was posted online as

I reviewed the search warrant

Case 2:14-cr-00103-CAS Document 94-1 Filed 07/08/15 Page 2 of 4 Page ID #:1075

part of the news article, and it appeared to be the search warrant

affidavit that had been submitted to, and ordered filed under seal

by, Magistrate Judge Newman on or about May 2, 2013.

4.

After the Al Jazeera article was published, the USAO-CAC

referred the apparent leak of the under-seal search warrant affidavit

to the Department of Justice for recusal of the USAO-CAC and

assignment to another Department of Justice component for further

investigation (the leak investigation).

5.

I was interviewed by the Department of Justices Office of

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the Inspector General (OIG) Special Agent Zachary Shroyer in

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connection with the leak investigation.

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I learned that the leak investigation was being conducted by the OIG

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and the United States Attorneys Office for the Southern District of

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California (USAO-CAS), and that, in addition to the USAO-CAC, the

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FBI Los Angeles Field Office (FBI LA) had been recused from the

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leak investigation.

I told SA Shroyer under oath that I was not the

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source of the leak.

I was later informed by two FBI agents from FBI

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LA, who had worked with me on the Calderon investigation, that they

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were also interviewed by SA Shroyer under oath and they too denied

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being the source of the leak.

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recused from the leak investigation, I knew very little else about

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the status of the leak investigation.

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6.

It was around this time that

Because the USAO-CAC and FBI LA were

AUSA Robert E. Dugdale, Chief of the Criminal Division for

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the USAO-CAC has told me that on June 17, 2015, he contacted SA

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Shroyer by phone to inquire about the status of the leak

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investigation.

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(1) the leak investigation had been completed; (2) after all logical

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steps had been taken in the leak investigation to see it to its

During this phone call, SA Shroyer informed him that

Case 2:14-cr-00103-CAS Document 94-1 Filed 07/08/15 Page 3 of 4 Page ID #:1076

conclusion, the leak investigation had not identified any government

official as the source of the leak; and (3) the leak investigation

was staffed in the USAO-CAS by AUSA Todd Robinson.

informed SA Shroyer during this telephone call that he would be

contacting AUSA Robinson the following week to inquire further into

the details of the leak investigation.

contacted AUSA Robinson to arrange a time to speak with AUSA Robinson

about the leak investigation along with myself and AUSA Mack E.

Jenkins.

AUSA Dugdale

The following week, he

The telephone call was initially scheduled for June 25,

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2015, but due to scheduling problems it ultimately took place on June

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29, 2015.

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7.

On or about June 29, 2015, I participated in the telephone

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call that AUSA Dugdale arranged between the USAO-CAC and AUSA Todd

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Robinson.

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investigation as follows:

AUSA Robinson described the status of the leak

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a.

The leak investigation is closed.

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b.

In approximately 60 days, SA Shroyer will submit a

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report briefly explaining the results of the leak investigation and

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why it is being closed.

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c.

Before closing the leak investigation, SA Shroyer and

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other investigators attempted to interview every government official

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they believed came into contact with the leaked search warrant

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affidavit, including employees of both the executive and judicial

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branches.

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and work phone records of these government officials.

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evidence that a government official was responsible for the leak of

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the search warrant affidavit, and no evidence of the identity of the

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leaker.

They also conducted searches of the work email accounts

They found no

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d.

In summary, what the leak investigation revealed was

that an unidentified individual(s) provided the leaked search warrant

affidavit to Al Jazeera reporter Joshua Bernstein, who then provided

it to retired FBI Agent James Wedick for purposes of consultation and

analysis.

January 3, 2014, admitted that Mr. Bernstein provided him with the

search warrant affidavit, which Mr. Wedick still had in his

possession, but said that Mr. Bernstein never revealed the identity

of the leaker.

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Mr. Wedick, who was interviewed by SA Shroyer on or about

Mr. Wedick further said that he had not learned the

identity of the leaker on his own.

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e.

Since Mr. Bernstein is a reporter and member of the

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media, current rules and policies of the Department of Justice

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prohibit those conducting the leak investigation from questioning or

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subpoenaing him about the identity of the individual(s) who leaked

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the search warrant affidavit to him.

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8.

I declare under penalty of perjury under the laws of the

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United States of America that the foregoing is true and correct and

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that this declaration is executed at Los Angeles, California, on July

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8, 2015.

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/s/
DOUGLAS M. MILLER

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