U.S.

Department of Justice

Channing D. Phillips
Acting United States Attorney

District of Columbia

Judiciary Center
555 Fourth St., N.W.
Washington, D.C. 20530

November 25, 2009

By Electronic Mail

David L. Sobel, Esquire

Attorney at Law
1818 N Street, N.W., Suite 410
Washington, DC 20036

RE: Citizens for Responsibility and Ethics in Washington v.

U.S. Department of Homeland Security, Civil Action No. 08-1046 (JDB)

Dear David:

On behalf of the United States Customs and Border Protection (“CPB”), a component of
United States Department of Homeland Security (“DHS”), I write to disclose the material
withheld under FOIA Exemption 5 that the Court ordered DHS to release in its Memorandum
Opinion and Order entered on September 1, 2009 (Docket Entries 35, 36). DHS has also
authorized the discretionary release of additional Exemption 5 material, as discussed below.

First, the Court granted the motion for partial summary judgment filed by Citizens for
Responsibility and Ethics in Washington (“CREW”) with respect to material withheld under
Exemption 5 that is contained in Documents 10, 11, 13, 14, 17, 19, 20 and 23 (Order at 1). I
enclose copies of these documents without any redactions under Exemption 5. The portions of
the documents redacted under Exemptions 6 and 7(E) are not subject to the Court’s disclosure
order and are not being released (id. at 2).

Second, the Court granted in part and denied in part CREW’s motion for partial summary
judgment as to Documents 12, 15, 16, 18, 21, 22, 24 and 28 with respect to Exemption 5 material
(Order at 1-2). The Court also granted in part and denied in part DHS’s motion for partial
summary judgment with respect to the same exemption and the same documents. Accordingly, I
enclose copies of these documents without any redaction of the Exemption 5 material that the
Court ordered DHS to release to CREW. The enclosed documents are redacted under
 -2-

Exemptions 5, 6, and 7(E) to the extent the Court granted DHS’s motion for partial summary
judgment as to the withholding of this material (id. at 2).

The release of the above-referenced information moots defendant’s appeal of the

September 1, 2009 disclosure order. I will prepare a motion to dismiss the appeal next week.
DHS requests CREW’s consent to the dismissal motion.

Third, the Court denied both parties’ motions for partial summary judgment as to
Documents 1, 9 and 27 and with respect to the relevant attachments within Documents 22 and 24
(Order at 2). CPB authorized the discretionary release of Exemption 5 material contained in
these documents, except for material that was also withheld under Exemption 7(E). As you are
aware, the Court entered judgment in favor of CBP “on all withholdings made pursuant to
Exemptions 6 and 7(E)” (id.). The material withheld under both Exemption 5 and 7(E) is limited
to a portion of an attachment to Document 24. Accordingly, I enclose copies of these documents
without any redaction of the material previously withheld exclusively under Exemption 5.

Finally, by Order dated November 5, 2009, the Court ordered CBP to file a supplemental
Vaughn index and supplemental memorandum of law in support of the agency’s withholding of
the contested Exemption 5 material contained in Documents 1, 9 and 27 and with respect to the
relevant attachments within Documents 22 and 24. These filings are due by November 27, 2009.
Because the remaining contested Exemption 5 material is being released as part of this letter, no
additional briefing will be necessary.

If you have any questions about the disclosures discussed above, or about the case in
general, please call me at 202-514-7220.

Sincerely yours,

/s/
John G. Interrante
Assistant United States Attorney

cc: Ann L. Weismann, Esquire

Citizens for Responsibility and Ethics
in Washington
1400 Eye Street, N.W.
Suite 450
Washington, D.C. 20005