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U.S.

Department of Justice Office of Information and Privacy

Telephone: (202) 514-3642

Washington, D.C. 20530

SEP 12011
-

Ms. Anne Weismann Chief Counsel Citizens for Responsibility and Ethics in Washington 1400 Eye Street, NW Suite 450 Washington, DC 20005 Dear Ms. Weismann:

Re:

DAG/1 1-00543 (F) OLA/1 1-00545 (F) CLM:SBL

This responds to your Freedom of Information Act (FOIA) request dated November 23, for recovered e-mail messages of former Office of Legal Counsel Deputy Assistant 2010, Attorney General John Yoo under the custody of the Justice Management Division (JMD). JMD located records which it referred to the Office of Legal Counsel (OLC), which subsequently referred seven documents to this Office on March 18, 2011 for processing. This response is being made on behalf of the Offices of the Deputy Attorney General and Legislative Affairs. By letter dated May 25, 2011, we advised you that we had to consult with other entities on the records that were referred by OLC. Those consultations are now complete. I have determined that four pages are appropriate for release without excision and copies are enclosed. Also, twenty-two pages, consisting of the Departments draft comments on the Intelligence Authorization bill, are being withheld in full pursuant to Exemption 5 of the FOIA, 5 U.S.C. 552(b)(5), which pertains to certain inter- and intra-agency communications protected by the deliberative process privilege. Finally, three pages are being withheld in full pursuant to Exemption 6 of the FOIA, 5 U.S.C. 552(b)(6), which pertains to information the release of which would constitute a clearly unwarranted invasion of the personal privacy of a third party. If you are not satisfied with my action on the documents referred by the OLC, for processing on behalf of the Offices of the Deputy Attorney General and Legislative Affairs, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC

-220530-000 1, and your appeal must be received within sixty days from the date of this letter. Both the letter and the envelope should be clearly marked Freedom of Information Act Appeal. Sincerely,

Chief of Staff Enclosures

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