Case 1:10-cv-01810-ABJ Document 14-2 Filed 04/19/11 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
CITIZENS FOR RESPONSIBILITY )
AND ETHICS IN WASHINGTON )
Plaintiff, ) )

)
U.S. DEPARTMENT OF JUSTICE )
)
Defendant. )
)

SUPPLEMENTAL DECLARATION OF KRSTIN L. ELLIS

I, Kristin L. Ellis, declare the following to be a true and correct statement of facts:

1. I am a Trial Attorney in the U.S. Department of Justice (DOJ), Criminal Division

(CRM), and am currently assigned to the Freedom ofInformation Act/Privacy Act (FOIA/PA) Unit,

a component in the Office of Enforcement Operations (OEO). My first declaration in this matter

("Ellis Decl") was fied on February 23,2011, in support ofDOrs pending Motion for Summary

Judgment. I now respectfully offer this Supplemental Declaration ("Ellis Supp. Decl"). I am

competent to make this Declaration for the reasons set forth in my prior Declaration. See Ellis DecL.

irir 1 - 3. I make this Declaration based on my review of CRM' s official files and records, my own

personal knowledge, and information I acquired in performing my official duties.

2. In my prior Declaration, I explained that CRM's general practice in searching for

records responsive to a FOIA request includes electronically searching the Central Criminal Division

Index File (CRM-001), which we did in this case. See id. ir 10. As I previously indicated, we did

not expect to locate responsive records in CRM-OO 1. See id. More specifically, CRM-OO 1 generally

includes the names ofsubjects/targets of investigations and/or defendants, which we use for tracking
 Case 1:10-cv-01810-ABJ Document 14-2 Filed 04/19/11 Page 2 of 3

purposes. CRM-OO 1 's purpose, however, it not to collect/catalog the name of every individual who

might have some tangential connection to an investigation or prosecution, such as a reporter who

might want to interview a defendant; nor does CRM, in practice, collect and catalog this information.

In an abundance of caution, I had CRM's FOIA Assistant search CRM-OOl using the terms "Alex

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identified by Plaintiff. We did not locate anything in CRM-OOl using those names.

3. Additionally, as I previously explained, each attorney who worked on this matter was

asked to search for responsive information. The attorney primarily involved, at least in the issues

related to attempts to interview Jack Abramoff while he was incarcerated, was Public Integrity

Section (PIN) Trial Attorney Mary K. Butler. See id. irir i 1 -12. Ms. Butler searched her

records/e-mails using the names of the individuals with whom she communicated about media

interviews of Jack Abramoff, and media requests/attempts to interview him, while he was

incarcerated - i.e., Abbe Lowell, Chris Man, and Pam Marple (Abramoffs attorneys); the name of

an FBI Special Agent; and Kendall Day and Nathaniel Edmonds (DOJ Trial Attorneys). CRM-PIN

Trial Attorney Kendall Day used the same terms to search his fies (except that he searched for Mary

Butler's name). They then reviewed the records they located for responsive information and

produced the responsive information to the FOIA/P A Unit.

4. CRM-Fraud Trial Attorney Nathaniel Edmonds had very limited involvement in this

issue and had no independent contact with anyone outside of DOJ about this issue because he was

in trial/preparing for trial during the relevant period. Nonetheless, Mr. Edmonds searched his

records for the pertinent period for "Gibney" and also for Mary Butler's name. Mr. Edmonds used

Ms. Butler's name as a search term because he determined that all communications regarding media

2
 Case 1:10-cv-01810-ABJ Document 14-2 Filed 04/19/11 Page 3 of 3

access to Mr. Abramoff with which he was involved were with Ms. Butler. He located some

responsive information (duplicative of that located by Ms. Butler) and forwarded it to the FOIA/P A

Unit for processing.

5. Finally, as I explained in my prior declaration, CRM concluded that the responsive

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exchange for a reduced sentence, Jack Abramoff providcd substantial assistance to the Government

in cases stemming from/related to his case. The responsive communications in this case occurred

during the time when he was cooperating with the Government in cases that were pending or about

to be filed. Thus, they were compiled for law enforcement purposes in relation to his on-going

cooperation in pending/prospective criminal investigations/prosecutions.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this l~ day of Aø \ , 2011.